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CONSTITUTION, 



Article 1. — Declaration of Bights. 



PREAMBLE TO THE CONSTITUTION. 



We, the people of Georgia, in order to form a permanent Gov- Preamble* 
ernment, establish justice, insure domestic tranquility, and 
secure the blessings of liberty to ourselves and our posterity, 
acknowledging and invoking the guidance of Almighty God, 
the Author of all good Government, do ordain and establish 
this Constitution for the State of Georgia, 



OOISTSTITUTION. 

ARTICLE I.— DECLARATION OF FUNDAMENTAL 

PRINCIPLES. 

w 

Sec. I. Protection to person and property is the paramount Protection, 
duty of Government, and shall be impartial and complete. 

Sec. II. All persons born, or naturalized, in the United Citizens. 
States, and resident in this State, are hereby declared citizens 
of this State, and no laws shall be made or enforced which shall 
abridge the privileges or immunities of citizens of the United 
States or of this State, or deny to any person within its juris- 
diction the equal protection of its laws. And it shall be the Legislature to 
duty of the General Assembly, by appropriate legislation, to fdr V their a pro- 
protect every person in the due enjoyment of the rights, privi- tection. 
leges, and immunities guaranteed in this Section. 

Sec. III. No person shall be deprived of life, liberty or prop- Life, liberty, 
, , -, j e-i and property , 

erty, except by due process of law. r r 

Sec. IV. There shall be within the State of Georgia neither Slavery, 
slavery or involuntary servitude, save as a punishment for crime 
after legal conviction thereof. 

Sec. V. The right of the people to appeal to the Courts, to Right of the 
petition Government on all matters, and peaceably to assem- P e °P le ° 
ble for the consideration of any matter, shall never be im- 
paired. 

Sec. VI. Perfect freedom of religious sentiment shall be, and Religious test. 
the same is hereby, secured, and no inhabitant of this State shall 






CONSTITUTION. 



Article 1. — Declaration of Eights. 



ever be molested in person or property or prohibited from hold- 
ing any public office or trust on account of his religious opinion; 
but the liberty of conscience, hereby secured, shall not be so 
construed as to excuse acts of licentiousness or justify practices 
inconsistent with the peace or safety of the people. 

Sec. YII Every person charged with an offence against the 
laws, shall have the privilege and benefit of counsel, shall be 
furnished, on demand, with a copy of the accusation and a list 
of the witnesses on whose testimony the charge against him is 
founded, shall have compulsory process to obtain the attend- 
ance of his own witnesses, shall be confronted with the wit- 
nesses testifying against him, and shall have a public and speedy 
trial by an impartial jury. 

Sec. VIII. No person shall be put in jeopardy of life or 
liberty more than once for the same offence, save on his or her 
own motion for a new trial, after conviction, or in case of mis- 
trial 

Sec. IX. Freedom of speech and freedom of the press are 
inherent elements of political liberty. But while every citizen 
may freely speak, or write, or print on any subject, he shall be 
responsible for the abuse of the liberty. 

Sec. X. The right of the people to be secure in their persons, 
houses, papers, and effects against unreasonable searches and 
seizures, shall not be violated ; and no warrant shall issue, but 
upon probable cause, supported by oath, or affirmation, partic- 
ularly describing the place, or places, to be searched, and the 
person, or things, to be seized. 

Sec. XI. The social status of the citizen shall never be sub- 
ject of legislation. 

Sec. XII. No person shall be molested for his opinions, or 
be subject to any civil or political incapacity, or acquire any 
civil or political advantage in consequence of such opinions. 

Sec. XIII. The writ of habeas corpus shall not be suspended 
unless, in case of rebellion or invasion, the public safety may 
require it. 

Sec. XIV. A well regulated Militia being necessary to the 
security of a free people, the right of the people to keep and 
bear arms shall not be infringed; but the General Assembly 
shall have power to prescribe by law the manner in which arms 
may be borne. 

Sec. XV. The punishment of all frauds shall be provided by 
law. 

Sec. XVI. Excessive bail shall not be required, nor exces- 
sive fines imposed, nor cruel and unusual punishment inflicted, 
nor shall any person be abused in being arrested, whilst under 
arrest, or in prison. 

Sec. XVII. The power of the Courts to punish for contempt 
shall be limited by legislative acts. 

Sec. XVIII There shall be no imprisonment for debt. 

Sec. XIX. In all prosecutions or indictments for libel, the 



Benefit of 
counsel, accus- 
ation, list of 
witnesses, 
compulsory 
process and 
trial. 



Jeopardy of 
Hfe, &c. 



Freedom of 
speech and 
press. 



Unreason able 

searches. 



Status of the 
citizen. 



Opinions. 



jftabeas cor- 
pus. 



Arms. 



Frauds. 



Bail, fines and 
punishment. 



Contempt of 
Courts. 

Imprisonment 
for debt 
Libel. 



CONSTITUTION. 



Article 1. — Declaration of Rights, 




truth may be given in evidence, and the jury shall have the 
right to determine the law and the facts. 

Sac XX. Private ways may be granted upon just compensa- Private ways. 
tion being paid by the applicant, 

Sec. XXI All penalties shall be proportioned to the nature Penalties, 
of the offence. 

Sec. XXII. Whipping, as a punishment for crime, is pro hib- whipping. 
Ited. 

Sec. XXIII. No Lottery shall be authorized, or sale of Lot- Lottery, 
tery tickets allowed, in this State, and adequate penalties for 
uch sale shall be provided by law. 

Sec XXIV. No conviction shall work corruption of blood, Corruption of 
and no conviction of treason shall work a general forfeiture of-fefuu-^Ses-" 
estate longer than during the life of the person attainted. tate * 

Sec. XXV. Treason against the State of Georgia shall com Treason, 
sist only in levying war against the State, or the United States, 
or adhering to the enemies thereof, giving them aid and com- 
fort ; and no person shall be convicted of treason except on the 
testimony of two witnesses to the same overt act, or his own 
confession in open Court 

Sue. XXVI. Laws shall have a general operation, and no Laws sliali lie 
general law, affecting private rights, shall be varied, in any £ eneral - 
particular case, by special legislation, except with the free 
consent, in writing, of all persons to be affected thereby; and 
no person under legal disability to contract is capable of such 
free 'consent. 

Sec XXVII. The power of taxation over the whole State Taxation, 
shall be exercised by the General Assembly only to raise revenue ^rein? 6 ad Va " 
for the support of Government, to pay the public debt, to pro- 
vide a general school fund, for common defence, and for public 
improvement ; and taxation on property shall be ad valorem 
only, and uniform on all species of property taxed. 

Sec XXVIII. The General Assembly may grant the power By County and 
of taxation to County authorities and Municipal corporations, thofity Pal au ~ 
to be exercised within their several territorial limits 

Sec. XX IX. No poll tax shall be levied except for educational Poll tax. 
purposes, and such tax shall not exceed One Dollar annually on 
each poll. 

Sec XXX. Mechanics and laborers shall have liens upon the Liens, 
property of their employers for labor performed or material 
furnished, and the Legislature shall provide for the summary 
enforcement of the same. 

Sec XXXI. The Legislative, Executive and Judicial Depart- Departments 
ments shall be distinct; and each department shall be confided £ient? Vern ' 
to a separate body of Magistracy. No person or collection of 
pers6ns, being of one Department, shall exercise any power 
properly attached to either of the others, except in cases herein 
expressly provided. 

Sec XXXII. Legislative acts in violation of this Constitu Legislative 
tion, or the Constitution of the United States, are void, and the ^ ctsvoid - 
Judiciarv shall so declare them. 



Paramount 
allegiance. 



CONSTITUTION. 



Article 2. — Franchise and Elections 



Sec. XXX III. The State of Georgia shall ever remain a 
member of the American Union ; the People thereof are a part 
of the American nation; every citizen thereof owes paramount 
allegiance to the Constitution and Government of the United 
States, and no law or ordinance of this State, in contravention 
or subversion thereof, shall ever have anv binding force. 



ARTICLE II.— FRANCHISE AND ELECTIONS, 



Ballot, 



E'ectors. 



Oath. 



Felony or lar- 
ceny disquali- 

iies. 



Holder of pub 
lie money. 



Dueling. 



Registration 
of Electors. 



Sec. I. In all elections, by the People, the Electors shall 
vote by ballot. 

Sec. II. Every male person, born in the United States, and 
every male person who has been naturalized, or who has legally 
declared his intention to become a citizen of the United States, 
twenty-one years old, or upward, who shall nave resided in this 
State six months next preceding the election, and shall have 
resided thirty days in the county in which he offers to vote, and 
shall have paid ail taxes which may have been required of him, 
and which he may have had an opportunity of paying, agreeably 
to law, for the year next preceding the election, (except as 
hereinafter provided) shall be deemed an Elector ; and every 
male citizen of the United States, of the age aforesaid, (except 
as hereinafter provided) who may be a resident of the State at 
the time of the adoption of this Constitution, shall be deemed 
an Elector, and shall have all the rights of an Elector, as afore- 
said : Provided, That no soldier, sailor, or marine in the 
military or naval service of the United States, shall acquire the 
rights of an Elector by reason of being stationed on duty in 
this State; and no person shall vote, who, if challenged shall, 
refuse to take the following oath : "1 do swear that I have not 
given, or received, nor do I expect to give, or receive, any 
money, treat, or other thing of value, by which my vote, or any 
vote, is affected, or expected to be affected, at this election, nor 
have I given, or promised any reward, or made any threat, by 
which to prevent any person from voting at this election." 

Sec. III. No person convicted of felony or larceny before any 
court of this State, or of, or in the United States, shall be 
eligible to any office or appointment of honor or trust within 
this State, unless he shall kave been pardoned. 

Sec. IV. No person who is the holder of any public moneys 
shall be eligible to any office in this State, until the same is 
accounted for and paid into the Treasury. 

Sec. V. No person who, after the adoption of this Constitu- 
tion, being a resident of this State, shall engage in a duel in 
this State, or elsewhere, or shall send or accept a challenge, or 
be aider or abettor to such a duel, shall vote or hold office in 
this State ; and every such person shall, also, be subject to such 
punishment as the law may prescribe. 

Sec. VI. The General Assembly may provide, from time to 
time, for the registration of all Electors, but the following classes 
of persons shall not be permitted to register, vote, or hold office: 



CONSTITUTION. 



Article 3 . — Legislative 



First — Those who shall have been convicted of treason, embez- 
zlement of public funds, malfeasance in office, crime punishable 
by law with imprisonment in the Penitentiary, or bribery. 
Second — Idiots or insane persons. 

Sec. VII. Electors shall, in all cases except treason, felon} 7 , Freedom from 
or breach of the peace, be privileged from arrest for live days aues ' 
before an election, during the election, and two days subsequent 
thereto. 

Sec. VIII. The sale of intoxicating liquors on days of elec- Sale of Li- 
tion is prohibited. quors. 

Sec. IX. Returns of election for all civil officers elected by Election re- 
the people, who are to be commissioned by the Governor, and turns. 
also, for the Members of the General Assembly, shall be made 
to the Secretary of State, unless otherwise provided by law. 

Sec. X. The General Assembly, shall enact laws giving Protection of 
adequate protection to Electors before, during and subsequent ec 01s ° 
to elections. 

Sec XL The election of Governor, Members of Congress, Day of eiec- 
and of the General Assembly, after the year 1888, shall com- fci0n - 
mence on the Tuesday after the first Monday in November, 
unless otherwise provided by law 

ARTICLE III— LEGISLATIVE. 

Section I. 

I. The Legislative Power shall be vested in a General Assem- Legislative 
bly, which shall consist of a Senate and House of Representa- powei - 
tives, and until otherwise directed, the members thereof, after 
the first election, shall be elected, and the returns of the election 
made as now prescribed by law. 

II The members of the Senate shall be elected for four years, Term of Sena- 
except that the members elected at the first election from the tols ' 
twenty-two Senatorial Districts numbered in this Constitution 
with odd numbers, shall orly hold their office for two years. 
The members of the House of Representatives shall be elected ^JivS re8en " 
for two years. The election for members of the General As- 
sembly shall begin on Tuesday after the first Monday in Novem- 
ber of every second year, except the first election, which shall 
be within sixty days after the adjournment of this Convention ; 
but the General Assembly may bylaw change the time of elec- 
tion, and the members shall hold until their successors are 
elected and qualified. 

Ill, The first meeting of the General Assembly shall be with- Meeting of the 
in ninety days after the adjournment of this Convention, after je s l8ame - 
which it shall meet annually on the second Wednesday in Jan- 
uary, or on such other day ast he General Assembly may pre- Quorum, 
scribe. A majority of each House shall constitute a quorum to 
transact business; but a smaller number may adjourn from day 
to day and compel the presence of ito absent members as each 
House may provide. No session uf the General Assembly, uaiffied. 3 



CONSTITUTION. 



Article 3. — Legislative. 



after the second under this Constitution, shall continue longer 
than forty days, unless prolonged by a vote of two-thirds of 
each branch thereof. 

Eligibility. IV. No person holding a Military Commission, or other ap- 

pointment or office, having any emolument or compensation an- 
nexed thereto, under this State or the United States, or either 
of them, except Justices of the Peace and officers of the Militia, 
nor any defaulter for public money, or for any legal taxes re- 
quired of him, shall have a seat in either House ; nor shall any 
Senator or Representative, after his qualification as such, be 
elected by the General Assembly or appointed by the Governor, 
either with or without the advice and consent of the Senate, to 
any office or appointment, having any emolument annexed there- 
to, during the time for which he shall have been elected. 

Removal V. The seat of a member of either House shall be vacated 

on his removal from the District from which he was elected. 



vacate; 



Senatorial 
Districts. 



Section II. 

I. There shall be Forty- Four Senatorial Districts in this 
State, composed, each, of three contiguous Counties, from each 
of which Districts one Senator shall be chosen. Until other- 
wise arranged, as hereinafter provided, the said Districts shall 
be constituted as follows : 

The First District of Chatham, Bryan and Effingham. 

The Second District of Liberty, Tatnall and Mcintosh. 

The Third District of Wayne, Pierce and Appling. 

The Fourth District of Glynn, Camden and Charlton. 

The Fifth District of Coffee, Ware and Clinch. 

The Sixth District of Echols, Lowndes and Berrien. 

The Seventh District of Brooks, Thomas and Colquitt. 

The Eighth District of Decatur, Mitchell and Miller 

The Ninth District of Early, Calhoun and Baker. 

The Tenth District of Dougherty, Lee and Worth. 

The Eleventh District of Clay, Randolph and Terrell. 

The Twelfth District of Stewart, Webster and Quitman 

The Thirteenth District of Sumter, Schley and Macon. 

The Fourteenth District of Dooly, Wilcox and Pulaski. 

The Fifteenth District of Montgomery, Telfair and Irwin. 

The Sixteenth District of Laurens, Johnson and Emanuel. 

The Seventeenth District of Bullock, Scriven and Burke. 

The Eighteenth District of Richmond, Glasscock and Jeffer- 
son. 

The Nineteenth District of Taliaferro, Warren and Greene. 

Twentieth District of Baldwin, Hancock and Washington. 

The Twenty-First District of Twiggs, Wilkinson and Jones. 

The Twenty-Second District of Bibb, Monroe and Pike 

The Twenty-Third District of Houston, Crawford and Taylor. 

The Twenty-Fourth District of Marion, Chattahoochee and 
Muscogee. 



CONSTITUTION 



Article 3. — Legislative. 



The Twenty-Fifth District of Harris, Upson and Talbot. 
The Twenty-Sixth District of Spalding, Butts and Fayette. 
The Twenty-Seventh District of Newton, Walton and Clarke. 
The Twenty-Eighth District of Jasper, Putnam and Morgan. 
The Twenty-Ninth District of Wilkes, Lincoln and Columbia. 
The Thirtieth District of Oglethorpe, Madison and Elbert, 
The Thirty-First District of Hart, Franklin, and Habersham. 
The Thirt}r-Second District of White, Lumpkin and Dawson. 
The Thirty-Third District of Hall, Banks and Jackson. 
The Thirty-Fourth District of Gwinnett, DeKalb and Henry. 
The Thirty-Fifth District of Clayton, Fulton and Cobb. 
The Thirty- Sixth District of Merriwether, Coweta and Camp- 
bell. 

The Thirty-Seventh District of Troup, Heard and Carroll. 
The Thirty-Eighth District of Harrison, Polk and Paulding 
The Thirty-Ninth District of Cherokee, Milton and Forsyth. 
The Fortieth Cistrict of Union, Towns and Rabun. 
The Forty-First District of Fannin, Gilmer and Pickens. 
The Forty-Second District of Bartow, Floyd and Chatooga. 
The Forty-Third District of Murray, Whitfield and Gordon. 
The Forty-Fourth District of Walker, Dade and Catoosa. 

If a new County be established it shall be added to a Dis- if new Comi- 
trict which it adjoins, and from which the larger portion of its ties be cl " eated - 
territory is taken. The Senatorial Districts may be changed 
by the General Assembly, but only at the first session after the 
publication of each census by the L T nited States Government, 
and their number shall not be increased. 

II. The Senators shall be citizens of the United States, who Qualification 
have attained the age of twenty-five years, and who, after the ° ena 01 
first election under this Constitution, shall have been citizens 

for two years, and for one year resident of the District from 
which elected.. 

III. The Pesiding Officer of the Senate shall be styled the president of 
President of the Senate, and shall be elected, viva voce, from the Senate - 
the Senators. 

IV. The Senate shall have the sole power to try impeach- Trial of im- 
ments. When sitting for that purpose, the members shall peachment. 
be on oath or affirmation, and shall be presided over by 

one of the Judges of the Supreme Court, selected for that pur- 
pose by a viva voce vote of the Senate ; and no person shall be 
convicted without the concurrence of two-thirds of the members 
present. Judgments in cases of impeachment shall not extend 
further than removal from office and disqualification to hold and 
enjoy any office of honor, trust, or profit, within this State ; but 
the part} 7- convicted shall, nevertheless, be liable and subject to 
indictment, trial, judgment, and punishment according to law. 

Section III. 

I. The v House of Representatives shall consist of one hun- House of Rep- 
dred and seventy-five Representatives, apportioned as follows ; Tesentatives ' 



CONSTITUTION. 
Article 3. — Legislative . 



To the six largest Counties, to wit : Chatam, Richmond, Ful- 
ton, Bibb, Houston and Burke, three Representatives each ; to 
the thirty-one next largest, to wit : Bartow, Columbia, Coweta, 
Clarke, Decatur, Dougherty, Floyd, Gwinnett, Greene, Han- 
cock, Harris, Jefferson, Lee, Muscogee, Monroe, Merriwether; 
Morgan, Macon, Newton, Oglethorpe, Pulaski, Randolph, Sum- 
ter, Stewart, Troup, Thomas, Talbot, Washington, Wilkes, and 
Warren, two Representatives each ; and to the remaining nine- 
ty-five Counties, one Representative each. 

II. The above apportionment may be changed by the Gen- 
eral Assembly after each census by the United States Govern- 
ment, but in no event shall the aggregrate number of Represen- 
tees be increased. 

III. The Representatives shall be citizens of the United 
States, who have attained the age of twenty-one years, and 
who, after the first election under this Constitution, shall have 
been citizens of this State for one year, and for six months resi- 
dent of the Counties from which elected. 

IY. The Presiding officer of the House of Representatives 
shall be styled the (Speaker of the House of Representatives, 
and shall be elected, viva voce, from the body. 

Y. The House of Representatives shall have the sole power 
to impeach all persons who shall have been, or may be, in office. 

VI. All bills for raising revenue, or appropriating money, 
shall originate in the House of Representatives, but the Senate 
may propose, or concur in, amendments as in other bills. 



Apportion- 
ment may be 
changed. 



Qualification 
of members. 



Speaker of the 
House. 



Impeachment. 



Revenue. 



Section IV. 



Elections, re- 
turns, and 

qualifications. 



Each House 
may punish of> 
fenders. 



Exempt from 
arrest. 



Journals of 
each House, 



I. Each House shall be the judge of the election, returns, and 
qualifications of its members, and shall have power to punish 
them for disorderly behavior or misconduct, by censure, fine, 
imprisonment, or expulsion; but no member shall be expelled, 
except by a vote of two-thirds of the House from which he is 
expelled. 

II. Each House may punish, by imprisonment, not extending 
beyond the session, any person, not a member, who shall be 
guilty of contempt by any disorderly behavior in its presence, 
or who, during the session, shall threaten injury to the per- 
son, or estate of any member for anything said, or done, in 
either House, or who shall assault any member going to, or re- 
turning therefrom, or who shall rescue, or attempt to rescue, 
any person arrested by order of either House 

III The members of both Houses shall be free from arrest 
during their attendance on the General Assembly, and in going 
to, or returning therefrom, except for treason, felony, larceny, 
or breach of the peace ; and no member shall be liable to answer 
in any other place for anything spoken in debate in either 
House. 

IV. Each House shall keep a Journal of its proceedings and 
publish it immediately after its adjournment. The yeas and 



CONSTITUTION. 



Article 3. — Legislative. 



nays of the members on any question shall, at the desire of -one- 
fifth of the members present, be entered on the Journal The 
original Journal shall be preserved, after publication, in the 
office of the Secretary of State, but there shall be no other record 
thereof. 

Y. Every bill before it shall pass shall be read three times Bills - 
and on three separate days in each House, unless in cases of 
actual invasion or insurrection. Nor shall any law, or ordi- 
nance, pass which refers to more than one subject-matter, or 
contains matter different from what is expressed in the title 
thereof. 

YI. All acts shall be signed by the President of the Senate Acts— by^ 
and the Speaker of the House of Representatives ; and no bill, AN omsi » ne 
ordinance, or resolution, intended to have the effect of a law, 
which shall have been rejected by either House, shall be again 
proposed during the same session, under the same, or any other 
title, without the consent of two-thirds of the House by which 
the same was rejected. 

VII. Neither House shall adjourn for more than three days, Adjournments 
nor to any other place, without the consent of the other; and in 
case of disagreement between the two Houses on a question of 
adjournment, the Governor may adjourn either or both of them. 

YIIL The officers of the two Houses, other than the Presi- Officers of each 
dent and Speaker, shall be a Secretary of the Senate, and Clerk 
of the House, and an Assistant ior each ; a Journalizing Clerk, 
two Engrossing and two Enrolling Clerks for each House, and 
the number shall not be increased except by a vote of the House sation.° mpen " 
And their pay, as well as the pay and mileage of the members, 
shall be fixed by law. 

IX. Whenever the Constitution requires a vote of two-thirds Yeasandnays. 
of either or both Houses for the passing of an act or resolution, 

the yeas and nays on the passage thereof shall be entered on 
the Journal, and all votes on confirmations, or refusals to con- 
firm nominations to office by the Governor, shall be by yeas and 
nays, and the yeas and nays shall be recorded on the Journal. 

X. Every Senator, or Representative, before taking his seat, tors h and S Rep-" 
shall take an oath, or affirmation, to support the Constitution of resentatives. 
the United States, and of this State ; that he has not practiced 

any unlawful means, directly or indirectly, to procure his elec- 
tion, and that he has not given, or offered, or promised, or 
caused to be given, or offered, or promised, to any person, any 
money, treat, or thing of value, with intent to affect any vote, 
or to prevent any person voting at the election at which he was 
elected. 

Section Y. 

I. The General Assembly shall have power to make all laws Powers of the 
and ordinances, consistent with this Constitution, and not Smbly* 1 M ' 
repugnant to the Constitution of the United States, which they 
shall deem necessary and proper for the welfare of the State. 

2 



10 CONSTITUTION. 



Article 3— Legislative. 



Counties. II. The General Assembly may alter the boundaries- of, or 

lay off and establish new Counties, or abolish Counties, attach- 
ing the territory thereof to contiguous Counties, but no new- 
County shall be established except by a vote of two-thirds of 
each House; nor shall any County be abolished except by a 
vote of two-thirds of each House, and after the qualified voters 
of the County shall, at an election held for the purpose, so 
decide. 

Section VI. 

Money, how j m $" money shall be drawn from the Treasury except by 

drawn irom the . ,. j u i i 1 ■ ± "L n 

Treasury. appropriation made by law, and a regular statement and 

account of the receipt and expenditure of all public money, shall 
be published from time to time, and, also, with the laws passed 
by each session of the General Assembly. 
Donations- II. No vote, resolution, law, or order, shall pass, granting a 

donation, or gratuity, in favor of any person, excpt by the con- 
currence of two-thirds of each branch of the General Assembly, 
nor, by any vote, to a sectarian corporation, or association. 

amended° W " ^° ^ aw or sec ^ on °f tne Code shall be amended or 

repealed by mere reference to its title, or to the number of the 
section in the Code, but the amending or repealing act shall 
distinctly and fully describe the law, to be amended or repealed, 
as well as the alteration to be made; but this clause shall be 
construed as directory, only to the General Assembly. 
Citizens not IV. .No law shall be passed by which a citizen shall be com- 

contrfblfte to polled against his consent, directly or indirectly, to become a 
public improve- stockholder in, or contribute to, any railroad or work of public 
improvement, except in the case of the inhabitants of a corpor- 
ate town or city. In such cases, the General Assembly may 
permit the corporate authorities to take such stock, or make 
such :ontribution, or engage in such work, after a majority of 
the qualified voters of such town or city, voting at an election 
held for the purpose, shall have voted in favor of the same; 
but not otherwise. 
Corporations, V. The General Assembly shall have no power to grant cor- 
bridges, names porate powers aud privileges to private companies, except to 
Mshed&c ab Banking, Insurance, Railroad, Canal, Navigation, Mining, 
Express, Lumber, Manufacturing, and Telegraph Companies ; 
nor to make, or change, election precincts; nor to establish 
Bridges or Ferries; nor to change names of legitimate children; 
but it shall prescribe, by law, the manner in which such powers 
ments Pay " shall be exercised by the Courts. But no charter for any Bank 
shall be granted, or extended, and no act passed authorizing the 
The state shall sus P ens ion °f specie payments by any Bank, except by a vote 
not be a stock- of two-thirds of the General Assembly. The General Assembly 
credit/ * tS shall pass no law making the State a stockholder in any corpor- 
ate company; nor shall the credit of the State be granted, or 
loaned, to aid any company without a provision that the whole 
property of the Company shall be bound for the security of. 



CONSTITUTION. 11 

Article 4.— Executive, 



the State, prior to any other debt, or lien, except to laborers ; 
nor to any Company in which there is not, already, an equal 
amount invested by private persons; nor for any other object 
than a work of public improvement. No provision in this 
Constitution for a two-thirds vote of both Houses of the General 
Assembly, shall be construed to waive the necessity for the sig- 
nature of the Governor, as in any other case, except in the case 
of the two-thirds vote required to override the veto. 



ARTICLE IV.— EXECUTIVE. 
Section L 

I. The Executive power shall be vested in a Governor, who Executive 
shall hold'his office during the term of four years, and until such P° wer * 
time as a successor shall be chosen and qualified. He shall 

have a competent salary established by law, which shall not be 
increased, or diminished, during the period for which he shall 
have been elected ; nor shall he receive, within that period, any 
other emolument from the United States, or either of them, or 
.from any foreign power. 

II. After the first election, the Governor shall he elected G-overnor-hcfw" 
quadrennially, by the persons qualified to vote for the members 

of the General Assembly, on the Tuesday after the first Mon- 
day in November, until such time be altered by law, which 
election shall be held at the places of holding general elections 
in the several Counties of this State, in the same manner as is 
prescribed for the election of members of the General Assembly. Returns of his 
The returns for every election of Governor, after the first, shall election * 
be sealed up by the Managers, separately from other returns, 
and directed to the President of the Senate and Speaker of the 
House of Representatives, and transmitted to His Excellencj^ 
the Governor, or the person exercising the duties of Governor 
for the time being, who shall, without opening the said returns, 
cause the same to be laid before the Senate, on the day after 
the two Houses shall have been organized; and they shall be 
transmitted by the Senate to the House of Representatives. 
The members of each branch of the General Assembly shall 
convene in the Representative Hall, and the President of the 
Senate and the Speaker of th^ House of Representatives shall 
open and publish the returns in the presence of the General 
Assembly; and the person having the majority of the whole 
number of votes given shall be declared duly elected Governor if no majority, 
of this State; but if no person have such majority, then from e iects. a UF€ 
the two persons having the highest number of \ otes, who shall 
be in life, and shall not decline an election at the time appointed 
for the Legislature to elect, the General Assembly shall imme- 
diately elect a Governor viva voce; and in all cases of election! 
of a Governor by the General Assembly, a majority of the votes 
of the members present, shall be necessary for a choice. Con- 



VI 



CONSTITUTION. 



Article 4. — Executive. 



Contested 
elections. 

Qualification 
of Governor. 



In case of 
death, resigna- 
tion or disabil- 
ity of Gov- 
ernor. 



Oath of Gov- 
ern or * 



tested elections shall be determined by both Houses of the Gen- 
eral Assembly, in such manner as shall be prescribed by law. 

III. No person shall be eligible to the office of Governor 
who shall not have been a citizen of the United States fifteen 
years and a citizen of this State six years, and who shall not 
"have attained the age of thirty years. 

IY. In case of the death, resignation, or disability of the 
Governor, the President of the Senate shall exercise the Execu- 
tive powers of the Government until such disability be removed, 
or a successor is elected and qualified. And, in case of the 
death, resignation, or disability of the President of the Senate, 
the Speaker of the House of Representatives shall exercise the 
Exective powers of the Government until the removal of the 
disability, or the election and qualification of a Governor. The 
General Assembly shall have power to provide by law for filling 
unexpired terms by a special election. 

V. The Governor shall, before he enters on the duties of his 
office, take the following oath or affirmation: "I do solemnly 
swear (or affirm, as the ease may be,) that I will faithfully exe- 
cute the office of Governor of the State of Georgia, and will, to 
the best of ray abilities, preserve, protect and defend the Con- 
stitution thereof, and the Constitution of the United States of 
America " 



Section II. 



Commander- 
in-Chief. 

Pardons. 



Writs of elec- 
tion, 



Convocations, 
&c. 



Vacancies- 



Nominees re- 
jected. 



Revision of 
Bills. 



I. The Governor shall be Commander-in-Chief of the Army 
and Navy of this State and of the Militia thereof. 

II. He shall have power to grant reprieves and pardons, to 
commute penalties, and to remit any part of a sentence for 
offences against the State, except in cases of impeachment. 

III. He shall issue writs of election to fill all vacancies that 
happen in the Senate, or House of Representatives, and shall 
have power to convoke the General Assembly on extraordinary 
occasions, and shall give them, from time to time, information 
of the state of the Commonwealth, and recommend to their con- 
sideration such measures as he may deem necessary and expe- 
dient. • 

IV. When any office shall become vacant by death, resigna- 
tion, or otherwise, the Governor shall have power to fill such 
vacancy, unless otherwise provided by law ; and persons so ap- 
pointed shall continue in office until a successor is appointed 
agreeably to the mode pointed out by this Constitution, or by 
law, in pursuance thereof. 

V. A person once rejected by the Senate shall not be reap- 
pointed by the Governor to the same office during the same ses- 
sion, or the recess thereafter. 

VI. The Governor shall have the revision of all bills passed 
by both Houses, before the same shall become laws, but two- 
thirds of each House may pass a law, notwithstanding his dis- 
sent, and if any bill should not be returned by the Governor 



CONSTITUTION. 13 



Article 5. — Judiciary. 



within five days (Sunday excepted) after it has been presented 

to him, the same shall be a law, unless the General Assembly, 

by their adjournment, shall prevent its return. He may approve Two-thirds 

any appropriation and disapprove any other appropriation in the vc 

same bill, and the latter shall not be effectual, unless passed by 

two-thirds of each House 

VII. Every vote, resolution, or order, to which the concur- Resolutions. 
rence of both Houses may be necessary, except on a question 
of election, or adjournment, shall be presented to the Governor, 
and before it shall take effect be approved by him, or being dis- 
approved, shall be repassed by two-thirds of each House, ac- 
cording to the rules and limitations prescribed in case of a bill. 

Till. There shall be a Secretary of State, a Comptroller secretary of 
General, a Treasurer and Surveyor General, elected by the Gen- f|Si e \ Q° mp / 
eral Assembly, and they shall hold their offices for the like period rai, Treasurer, 
as the Governor, and shall have a competent salary, which shall Qenerai7 eyor 
not be increased, or diminished, during the period for which they 
shall have been elected. The General Assembly may, at any 
time, consolidate any two of these offices, and require all the 
duties to be discharged by one officer. 

IX. The Great Seal of the State shall be deposited in the great Seal of 
office of the Secretary of State, and shall not be affixed to any 
instrument of writing but by order of the Governor, or Gene- 
ral Assembly ; and that now in use shall be the Great Seal of 

the State until otherwise provided by law, 

X. The Governor shall have power to appoint his own Sec- Governor's 
retaries, not exceeding two in number, uuless more shall be au- 
thorized by the General Assembly, 



ARTICLE V.— JUDICIARY. 

Section I. 

I. The Judicial Powers of this State shall be vested in a Su- Judicial 
preme Court, Superior Courts, Courts of Ordinary, Justices f power * 
the Peace, Commissioned Notaries Public, and such other 
Courts as have been or may be established bylaw. 

Section II. 

I. The Supreme Court shall consist of three Judges, two of supreme 
whom shall constitute a quorum. When a majority of the Court. 
Judges are disqualified from deciding any case, by interest or 
otherwise, the Governor shall designate certain Judges of the 
Superior Courts to sit in their stead. At the first appointment 

of Judges of the Supreme Court under this Constitution, one 
shall be appointed for four years, one for eight years, and one 
for twelve years; but all subsequent appointments, except to 
fill unexpired terms, shall be for the term of twelve years. 

II. The Supreme Court shall have no original jurisdiction, Jurisdiction. 



14 



CONSTITUTION. 



Article 5. — Judiciary, 



but shall be a Court alone for the trial and correction of errors 
from the Superior Courts and from the City Courts of Savan- 
nah and Augusta, and such other like Courts as may be here- 
after established in other cities ; and shall sit at the seat of 
Government at such times in each year as shall be prescribed 
by law, for the trial and determination of writs of error from 
said Superior and City Courts. The days on which the cases 
from the several Circuits and City Courts shall be taken up by 
the Court, shall be fixed by law. 

III. The Supreme Court shall dispose of every case at the 
first or second term after such writ of error is brought ; and in 
case the plaintiff in error shall not be prepared at the first term 
to prosecute the case, unless prevented by Providential cause, 
it shall be stricken from the docket, and the judgment below 
shall stand affirmed. In any case, the Court may, in its discre- 
tion, withhold its judgment until the next term after the same 
is argued. 

IY. When only two Judges sit in any case, and they disagree, 
the judgment below shall stand affirmed. 



Sessions. 



Oases— how 
disposed of. 



If only two 
Judges. 



Section III 



Judges of the 

Superior 

Courts. 



Jurisdiction. 



Appeals; new 
trials; judg- 
ment. 



Sessions. 



I. There shall be a Judge of the Superior Courts for each 
Judicial Circuit. He may act in other Circuits when authorized 
by law. At fthe first appointment of such Judges under this 
Constitution, one half of the number (as near as may be) shall 
be appointed for four years, and the other half for eight years. 

II. The Superior Courts shall have exclusive jurisdiction in 
cases of divorce ; in criminal cases, where the offender is sub- 
jected to the loss of life or confinement in the Penitentiary ; in 
cases respecting titles to land and equity cases, except as herein- 
after provided ; but the General Assembly shall have power to 
merge the Common Law and Equity Jurisdiction of said Courts. 
Said Courts shall have jurisdiction in all other civil cases, 
except as hereinafter provided. They shall have appellate 
jurisdiction in all such cases as may be provided by law. They 
shall have power to correct errors in Inferior Judicatories, by writ 
of certiorari, which shall only issue on the sanction of the Judge ; 
and to issue writs of mandamus, prohibition, scire facias, and 
all other writs that may be necessary for carrying their powers 
fully into effect, and shall have such other powers as shall be 
conferred on them by law. 

III. There shall be no appeal from one Jury in the Superior 
Courts to another ; but the Court may grant new trials on legal 
grounds. The Court shall render judgment without the verdict 
of a jury in all civil cases, founded on contract, where an issuable 
defence is not filed on oath. 

IY. The Superior Courts shall sit in each County not less 
than twice in each year, at such times as have been, or may be, 
appointed by law. 



CONSTITUTION. 15 



Article 5. — Judiciary. 



Section IT. 

I. Until the General Asseniblv shall otherwise direct, there Distil* 

Juclse 
Attornevt. 



shall be a District Judge and a District Attorney for each Sen- Jl 
atonal District in this State. 

II. The District Judge shall have jurisdiction to hear and Criminal juris- 
deterrnine all offences not punishable with death or imprison- 
ment in the Penitentiary : and it shall be the duty of the Dis- 
trict Attorney to represent the State in ail cases before the 

District Judge. 

III. The District Judge shall sit at stated times, not less Sessions. 
than once in each month in each County in his District for the 

trial of offences, and at such other times as the General Assem- 
bly may direct. 

IT. Offenses shall be tried before the District Judge on a 
written accusation founded on affidavit : said accusation shall Accusations. 
plainly set forth the offence charged, and shall contain the 
name of the accuser, and be signed by the District Attorney. 

T. There shall be no jury trial before the District Judge Jury. 
except when demanded by the accused, in which case the jury 
shall consist of seven. 

VI. Such civil jurisdiction may be conferred on the District civiijurisdic- 
Juclges as the General Assembly may direct. tion - 

TIL The District Judges and Attorneys shall hold their Term of office 
offices for a period of four years, and shall receive for their J™ 1 comnensa- 
services such stated compensation, in their respective Districts, 
as may be provided bylaw, but in no event shad their compen- 
sation, be in anywise dependent on fines, forfeitures, or costs. 

Section V. 

I. The powers of a Court of Ordinary and of Probate shall Probate 
be vested in an Ordinary for each County, from whose decision P owers> 
there may be an appeal to the Superior Court, under regulations 0rtinar y- 
prescribed by law. 

II. The Courts of Ordinary shall have such powers in rela- 
tion to roads, bridges, ferries, public buildings, paupers, County 
officers. County funds, and taxes, and other matters, as shall 
be conferred on them by law. 

III. The Ordinary shall -hold his office for the term of four Term of office. 
years, and until his successor is elected and qualified 

Section VI. 

I. There shall be in each District, one Justice of the Peace. Justice of the 
whose official term, except when elected to fill an unexpired Peace - 
term, shall be four years. 

II. The Justices of the Peace, shall have jurisdiction, except Jurisdiction. 
as hereinafter provided, in all civil cases where the principal 

sum claimed does not exceed one hundred dollars, and may sit 
at any time for the trial of such cases : but in cases where the 



16 



CONSTITUTION. 



Article 5. — Judiciarv 



sura claimed is more than fifty dollars, there may be an appeal 
to the Superior Court, under such regulations as may be pre- 
scribed by law. 

III. There shall be no appeal to a jury from the decision of 
a Justice of the Peace, except as provided in the foregoing par- 
agraph. 

IV. Notaries Public ma}' be appointed and commissioned by 
the Governor, not to exceed one for each Militia District, for a 
term of four years, and shall be, ex officio, Justices of the 
Peace 



Appeals. 



Notaries 
Public. 



Section VII. 



Attorney 
General. 



His duty. 



I. There shall be an Attorney General of the State, whose 
official term, except when appointed to fill an unexpired term, 
shall be four years. 

II. It shall be the duty of the Attorney General to act as 
the legal adviser of the Executive Department, to represent the 
State in all civil and criminal cases in the Supreme and Supe- 
rior Courts, when required by the Governor, and to perform 
such other services a? shall be required of him by law. 



Section VIII. 



Solicitors Gen- 
eral. 



Their duty. 



I. There shall be a Solicitor General for each Judicial Cir- 
cuit, whose official term, except when appointed to fill an unex- 
pired term, shall be four years. 

II. It shall be the duty of the Solicitor General to represent 
the State in all cases in the Superior Court of his Circuit, and 
in all cases taken up from his Circuit to the Supreme Court, and 
to perform such other services as shall be required of him by 
law. 



Section IX. 



Judicial offi- 
cers—how ap- 
pointed and 
removed. 



Justices elec- 
ted and remov- 
able. 



I. The Judges of the Supreme and the Superior Courts, the 
Attorney General, Solicitors General, and the District Judges, 
and Attorneys shall be appointed by the Governor, with the 
advice and consent of the Senate, and shall be removable by the 
Governor on the address of two-thirds of each branch of the 
General Assembly, or by impeachment and conviction thereon. 

II. Justices of the Peace shall be elected by the legal voters 
in their respective Districts, and shall be commissioned by the 
Governor. They shall be removable on conviction for mal- 
practice in office. 



Section X. 



Compensation 
of Judicial offl- 



I. The Judges of the Supreme and Superior Courts, and the 
Attorney and Solicitor General shall have, out of the State 



CONSTITUTION. 17 



Article 5, — Judiciary. 



Treasury, adequate and honorable salaries on the specie basis, 
which shall not be increased or diminished during their con- 
tinuance in office. The District Judges and District Attorneys 
shall receive, out of the Treasuries of the several Counties of 
their Districts, adequate compensation, on the specie basis, 
which shall not be increased or diminished during their term of 
office ; but said Judges shall not receive any other perquisites, 
or emoluments whatever, from parties, or others, on account of 
any duty required of them. 

II. The General Assembly shall provide for the equitable ap- Of District 
portionment of the compensation for the District Judges and Attorneys. 
Attorneys between the Counties composing their Districts, 

and shall require the moneys arising from fines and forfeitures 
in the District Courts to be paid into the Treasuries thereof. 

III. No person shall be Judge of the Supreme or Superior Qualifications 
Courts, or Attorney General, unless, at the time of his appoint- Attorney S (fen- 
ment, he shall have attained the age of thirty years, and shall eral * 

have been a citizen of this State three years, and have practiced 
law for seven years. 



Sectjon XI 

I. No total divorce shall be granted except on the concur- Divorce, 
rent verdict of two juries When a divorce is granted, the jury 
rendering the final verdict shall determine the rights and disa- 
bilities of the parties, subject to the revision of the Court. 

Section XII. 

I. Divorce cases shall be tried in the County where the de- where tried, 
fendant resides, if a resident of this State. 

II. Criminals cases shall be tried in the County where the criminals- 
crime was committed, except cases in the Superior Courts, where tried ° 
when the presiding Judge is satisfied that an impartial jury 

cannot be obtained in such County. 

III. Cases respecting titles to land shall be tried in the Land titles- 
County where the land lies, except where a single tract i s wneretned - 
divided by a County line, in which case the Superior Court of 

either County shall have jurisdiction. 

IV. Equity cases shall be tried in the County where a de- Equity cases- 
fendant resides against whom substantial relief is prayed. where tried. 

V. Suits against joint obligors, joint promisors, co-partners, suits vs. joint 
or joint trespassers residing in different Counties may be tried obligators, &c. 
in either County. J -where tried, 

VI. Suits against the maker and indorser of promissory suits vs. maker 
notes, or other like instruments, residing in different Counties, and indorser. 
shall be tried in the County where the maker resides. 

VII. All other cases shall be tried in the County where the ah other cases 
defendant resides. 



[ ft CONSTIT LTTIGK, 



Article 5. — Judiciary, 



Section XIII 

Kight of trial I. The right of trial by jury, except where it is otherwise 
ay Jury. provided in this Constitution, shall remain inviolate. 

Jurors. H- Tne General Assembly shall provide bylaw for the selec- 

tion of upright and intelligent persons to serve as Jurors. 
There shall be no distinction between the classes of persons who 
compose grand and petit juries. Jurors shall receive adequate 
compensation for their services, to be prescribed by law. 

Section XIV. 

Inferior Courts I. The Courts heretofore existing in this State, styled Infe- 
rior Courts, are abolished, and their unfinished business and the 
duties of the Justices thereof are transferred to such tribunals 
as the General Assembly may designate. 

Section XV. 

SlSSonSS"' I" The General Assembly shall have power to provide for the 
creation of County Commissioners in such Counties as may re- 
quire them, and define their duties. 

Section XVI. 

aboi?she.d° Urts I- ^ Courts not specially mentioned by name in the first 
Section of this Article, may be abolished in any County, at the 
discretion of the General Assembly, and the County Courts 
now existing in Georgia are hereby abolished. 

Section XVII. 

Courts limited I. No Court in this State shall have jurisdiction to try or de- 
duction. ■* uns " termine any suit against any resident of this State upon any 
coutract or agreement made or implied, or upon any contract 
made in renewal of any debt existing- prior to the first day of 
June, 1865 Nor shall any Court or ministerial officer of this 
State have authority to enforce any judgment, execution or de- 
cree rendered or issued upon any contract or agreement made or 
implied, or upon any contract in renewal of a debt existing 
prior to the first day of Jnne, 1865, except in the following 
cases : 
suits vs trus* l. In suits against trustees where the trust property is in the 
hands of the trustee, or has been invested by him in other spe- 
cific effects now in his hands, and in suits by the vendor of real 
estate against the vendee, where not more than one-third of the 
purchase money has been paid, and the vendee is in possession 
of the land or specific effects for which he has sold it, and he 
refuses to deliver the land or said effects to the vendor. Iu 



CONSTITUTION. 19 

Article o. — Judiciary- 



such cases the officers may entertain jurisdiction and enforce 
judgments against said trust property, or land, or effects. 

2. In suits for the benefit of minors by trustees appointed By trustees, 
before the first day of June, 1865. 

8. In suits against corporations in their corporate capacity, Ys» corpora- 
but not so as to enforce the debt against the stockholders or 
officers thereof in their individual capacity, 

4. In suits by charitable or literary institutions for money By charitable 
loaned, property — other than slaves— sold; or services rendered associatlons ", 
by such institutions. 

5. In suits on debts due for mechanical or manual labor, B y mechanics., 
when the suit is by the mechanic or laborer. 

6. In cases where the debt is set up by way of defence, and Mutual debts, 
the debt set up exceeds any debt due by defendant to plaintiff 

of which the Courts are denied jurisdiction 

7. In all other cases in which the General Assembly shall by Jurisdiction by 
Jaw give the said Courts and Officers jurisdiction: Provided, eglsaujre - 
that no Court or Officer shall have, nor shall the General 
Assembly give, jurisdiction or authority to try or give judg- 
ment on or enforce any debt, the consideration of which was a 

slave or slaves, or the hire thereof. 

II. All contracts made and not executed during the late S^'acts?'* 
rebellion, with the intention, and for the purpose, of aiding and 
encouraging said rebellion, or where it was the purpose and 
intention of any one of the parties to such contract to aid or 
encourage such rebellion, and that fact was known to the other 
party, whether said contract was made by any person or cor- 
poration with the State or Confederate States, or by a corpora- 
tion with a natural person, or between two or more natural 
persons, are hereby declared to have been, and to be, illegal, 
■and all bonds, deeds, promissory notes, bills, or other evidences 
of debt, made or executed by the parties to such contract, or 
either of them in connection with such"" illegal contract, or as 
the consideration therefor or in furtherance thereof, are hereby 
declared null and void, and shad be so held in all Courts in this 
State when attempt shall be made to enforce any such contract 
or give validity to any such obligation or evidence of debt. 
And in all cases when the defendant or any one interested in 
the event of the suit will make a plea, supported by his or her 
affidavit, that he or she has reason to believe that the obligation 
or evidence of indebtedness upon which the suit is predicated, 
or some part thereof, has been given or used for the illegal pur^ 
pose aforesaid, the burden of proof shall be upon the plaintiff 
to satisfy the Court and Jury that the bond, deed, note, bill or 
other evidence of indebtednes upon which said suit is brought, 
is or are not, nor is any part thereof, founded upon, or in any 
way connected with any illegal contract, and has not been used 
in aid of the rebellion, and the date of such bond, deed, note, 
bill or other evidence of indebtedness shall not be evidence that 
it has, or has not, since its date, been issued, transferred or 
used in aid of the rebellion. 



20 



CONSTITUTION. 



Articles 6 and 7. — Education and Homestead. 



Tax on debts. 1 III. It shall be in the power of the General Assembly to 
assess and collect upon all debts, judgments, or causes of action 
when clue, founded on any contract made or implied before the 
first day of June, 1865, in the hands of any one in his own 
right, or as trustee, agent or Attorney of another, on or after 
the first day of January, 1868, a tax of not exceeding 25 per 
cent., to be paid by the creditor on pain of the forfeiture of the 
debt, but chargeable by him as to one-half thereof against the 
debtor, and collectable with the debt; Provided, That this tax 
shall not be collected if the debt or cause of action be aban- 
doned or settled without legal process, or, if in judgment, be 
settled without levy and sale; And provided further, That this 
tax shall not be levied so long as the Courts of this State shall 
not have jurisdiction of such debts or causes of action. 



ARTICLE VI.— EDUCATION. 



General educa- 
tion. 



School Com- 
missioner* 



Educational 
fund. 



I. The General Assembly, at its first session after the adop- 
tion of this Constitution, shall provide a thorough svstem of 
General Education, to be forever free to all children of the 
State, the expense of which shall be provided for by taxation, 
or otherwise. 

II. The office of State School Commissioner is hereby crea- 
ted. He shall be appointed by the Governor, with the consent 
of the Senate, and shall hold his office for the same term as the 
Governor. The General Assembly shall provide for the said 
Commissioner a competent salary and necessary clerk. He 
shall keep his office at the Seat of Government. 

III. The Poll tax allowed by thi3 Constitution, any Educa- 
tional fund now belonging to this State — except the endowment 
of, and debt due to, the State University — or that may hereaf- 
ter be obtained in any way, a special tax on Shows and Exhibi- 
tions, and on the sale of spirituous and malt liquors— which 
the General Assembly is hereby authorized to assess — and the 
proceeds from the commutation for militia service, are hereby 
set apart and devoted to the support of Common Schools. And 
if the provisions herein made shall, at any time, prove insuffi- 
cient, the General Assembly shall have power to levy such 
general tax upon the property of the State, as may be neces- 
sary for the support of said School System. And there shall 
be established, as soon as practicable, one or more Common 
Schools in each School District in this State. 



Homestead. 



ARTICLE VII —HOMESTEAD AND EXEMPTION. 

Section I. 

I. Each head of a family, or guardian, or trustee, of a family 
of minor children, shall be entitled to a homestead cf realty to 
the value of two thousand dollars, in specie, and personal prop- 



CONSTITUTION. 21 



Articles 8, 9 and 10. — Militia, County Officers, Capital. 

erty to the value of one thousand dollars, in specie, both to be 
valued at the time they are set apart. And no Court, or Min- 
isterial officer in this State, shall, have jurisdiction, or authority, 
to enforce any judgment, decree or execution against said prop- 
erty so set apart — including such improvements as may be 
made thereon, from time to time — except for taxes, money bor- 
rowed and expended in the improvement of the homestead, or 
for the purchase of money for the same, and for labor done 
thereon, or material furnished therefor, or removal of encum- 
brances thereon. Aod it shall- be the duty of the General As- 
sembly, as early as practicable, to provide, by law, for the set- 
ting apart and valuation of said property, and to enact laws for 
the full and complete protection aud security of the same to the 
sole use and benefit of said families as aforesaid. 

II. All property of the wife, in her possession at the time 
of her marriage, and all property given to, inherited, or ac- 
quired by her, shall remain her separate property, and not be 
liable for the debts of her husband. 



Wife's estate, 



ARTICLE VIII— MILITIA. 

Sec. I. The Militia shall consist of all able-bodied male per- Militia. 

sons between the ages of eighteen and forty-five years, except 

such as may be exempted by the laws of the United States or 

this State ; and shall be organized, officered, armed, equipped, 

and trained in such manner as may be provided by law ; sub- A AU .* t 
,, ,, ., o r* l /. . ' . Authority of 

ject to the paramount authority or Congress over this subject, congress. 

Sec. II. Volunteer Companies of Cavalry, Infantry, or Ar- Volunteers, 
tillery, may be formed in such manner, and with such restric- 
tions, as may be provided by law. 

Sec. III. No person conscientiously opposed to bearing arms, Exemption, 
shall be compelled to do Militia duty, but such person shall pay 
an equivalent for exemption ; the amount to be prescribed bv 
law and appropriated to the Common School Fund. 

ARTICLE IX.— COUNTY OFFICERS 

I. The County officers recognized as existing by the laws of county offi- 
this State, and not abolished by this Constitution, shall, where cers * 
not otherwise provided for in this Constitution, be elected bv 
the qualified vol ers of their respective Counties or Districts, 
and shall hold their offices for two years. They shall be re- 
movable on conviction for malpractice in office, or on the ad- 
dress of two-thirds of the Senate. 

ARTICLE X —SEAT OF GOVERNMENT. 

I. The seat of Government of this State, from and after the Seat of g-ov- 
date of the ratification of this Constitution, shall be in the City ernment 
of Atlanta, and the General Assembly shall provide for the 



22 CONSTITUTION. 



Article 11. — Laws of General Operation. 



erection of a new Capitol, and such other buildings as the pub- 
lic welfare may require. 
Removal II. The General Assembly shall have power to provide for 

the temporary removal of the Seat of Government in case of 
invasion, pestilence, or other emergency. 



ARTICLE XL— THE LAWS OF GENERAL OPERA- 
TION IN FORCE IN THIS STATE ARE: 

&c!!of the 11 ' I. As the Supreme Law : The Constitution of the United 

u - s - States, the laws of the United Stages in pursuance thereof, and 

all treaties made under the authority of the United States. 

Son! Constitu " II. An next in authority thereto : this Constitution. 

Irwin's Code. III. Insubordination to the foregoing : All acts passed by 
any legislative body, sitting in this State as such, since the 19th 
day of January, 1861, including that body of laws known as 
the Code of Georgia, and the acts amendatory thereof, or 
passed since that time, which said Code and acts are embodied 
in the printed book known as " Irwin's Code; " and also so 
much of the Common and Statute laws of England and of the 
Statute laws of Georgia, as were in force in this State on the 
19th day of December, 1860, as are not superseded by said 
Code, though not embodied therein, except so much of the said 
several Statutes, Code and Laws as may be inconsistent with 
the supreme law herein recognized, or may have been passed in 
aid of the late rebellion against the United States, or may be 
obsolete, or may refer to persons held in slavery, which ex- 
cepted laws are inopeiative and void ; and any future General 
Assembly shall be competent to alter or repeal (if not herein 
prohibited) any portion of the laws declared to be of force in 
this third specification of this clause of this Article ; and if in 
any of said laws herein declared of force, the word " Confed- 
erate " occurs before the word States, such law is hereby 
amended by substituting the word "United" for the word 
"Confederate." 

vate*aots. Pn IV- Local and private acts passed forthe benefit of counties, 
cities, towns, corporations and private persons, not inconsistent 
with the Supreme Law, nor w r ith this Constitution, and which 
have not expired nor been repealed, shall have the force of 
Statute Law, subject to Judicial decision as to their validity 
when passed, and to any limitations imposed by their own 
terms 

V r All rights, privileges and immunities which may have 
vested in, or accrued to, any person or persons, or corporation, 
in his, her, or their own right, or in any fiduciary capacity, un- 
der any act of any legislative body sitting in this State as such, 
or of any decree, judgment or order of any Court, sitting in 
this State, under the laws then of force and operation therein — 
and recognized by the people as a Court of competent jurisdic- 
tion, since the 19th day of January, 1861, shall be held invio- 



CONSTITUTION. 



Article 11. — Laws of General Operation. 



late by all the Courts of this State, unless attacked for fraud, or 
unless otherwise declared invalid by, or according to, this Con- 
stitution. 

VI. The records, dockets, books, papers, and proceedings of Court records, 
any Court or office existing in this State by the laws thereof on 

the 19th of January, 1861, or purporting to exist by said laws, 
and recognized and generally obeyed by the people, as such, 
since the said time, and before the several Courts and officers 
provided for by this Constitution shall have gone into actual 
operation, shall be transferred to the several Courts and offices 
of the same name or functions by this Constitution provided 
for, and shall have force and be executed, perfected and per- 
formed therein, and thereby, as follows, and not otherwise, to 
wit : 

Final judgments, decrees, proceedings and acts fully executed judicial pro- 
and performed, or not requiring performance or execution*, shall ceedm s s - 
have full force and effect as though no interruption had taken 
place in the succession of said courts and offices, except as 
herein otherwise provided Proceedings not final, and judg- 
ments and decrees not fully executed or performed, shall pro- 
ceed and be performed in such cases, and such cases only, as 
this Constitution, or the laws made in pursuance thereof, confer 
jurisdiction and authority over the causes of actions on which 
said cases, judgments, decrees, or proceedings, civil or criminal, 
are founded : Provided, That all said judgments, decrees and 
proceedings shall be subject to be set aside, or reversed, or 
vacated by proceedings in the several courts having custody of 
the records, as though they were the judgments of said courts, 
and shall be subject always to be explained as to the meaning 
of the word dollar or dollars, as used in the same, and no 
motion for a new trial, bill of review, or other proceeding, to 
vacate an} judgment, order or decree, made since the 19th of 
January, 1861, by any of said courts for fraud, illegality, or 
error of law, shall be denied, by reason of the same not having 
been moved in time: Provided, said motion or application 
is made in twelve months from the adoption of this Constitu- 
tion. 

VII. The books, papers and proceedings of the Inferior Records of the 
Courts shall be transferred to, and remain in, the control of the § lfe r l (>r 
Ordinaries, who shall perform the duties of said Courts until 
otherwise provided by law. The books, papers and proceedings 0f 0ounty 

of the County Courts, and the unfinished business thereof, shall Conrts. 
be transferred to the Superior Courts, and the same shall be 
finished and performed by the said Superior Courts and the 
officers thereof, in such cases, and in such cases only, as the 
said Courts are, by this Constitution, or the laws made in pur- 
suance thereof, granted jurisdiction over the subject-matter, or 
debts on which said cases and judgments, civil or criminal, are 
founded. 

VIII. The cases pending, and the judgments had and made, City Courts. 
in the City Courts of Savannah and Augusta, and in the various 



24 



CONSTITUTION. 



Article 12. — Amendments 



Judicial offi- 
cers appointed 
by military au- 
thority. 



Confirmatory. 

Acts. 



Justices' Courts in this State, shall be finished, and the judg- 
ments performed by the City Courts, and officers and justices 
provided by this Constitution, in such cases, and such only, as 
by this Constitution jurisdiction is given to said courts and 
officers, over the causes of action on which they are founded. 

IX. The judgments and proceedings of Courts, and acts of 
officers within their jurisdiction, as provided by law, shall be 
valid, notwithstanding the Judges of said Courts or the said 
officers were appointed by the Military Authorities of the United 
States, and any of said judgments, or acts, or proceedings made, 
or done, under or by virtue of, or in accordance with, the orders 
of said Military Authorities, duly made, are as valid as if done 
under a law of this State. 

X. These several acts of confirmation shall not be construed 
to divest any vested right, nor make any act criminal, otherwise 
not criminal, but they shall be construed as acts of peace, and 
to prevent injustice: Provided, That nothing in this Constitu- 
tion shall be construed as to make valid any acts done by, or 
before, any such de facto officer, which would, by legalizing such 
acts, render that criminal which was not criminal when done, 
or cause any act not legally criminal, when done, to become 
criminal, by giving validity to such act after it was done ; but 
all such acts shall be held by the courts to be null and void. 

XI. Should this Constitution be ratified by the people, and 
Congress accept the same with any qualifications or conditions, 
the Government herein provided for, and the officers elected, 
shall nevertheless exist and continue in the exercise of their 
several functions, as the Government of this State, so far as the 
same may be consistent with the action of the Uuited States in 
the premises. 

XII. The ordinances of this Convention on the subject of the 
first election, and the first General Assembly, shall have the 
force of laws, until they expire by their own limitation, and all 
other ordinances of a mere Legislative character, shall have 
the force of laws, until otherwise provided by the General 
Assembly. 



Amendments 
by Congress. 



Limitation of 
certain ordi- 
nances. 



ARTICLE XII.— AMENDMENTS TO THE CONSTI- 
TUTION. 



Amendment to I. This Constitution may be amended by a two-thirds vote 
Constitution. ^ ^ ie Legislature, and by a submission of the amendment to 
the qualified voters for final ratification. But the General As- 
sembly shall not call a Convention of the people "in the election 
of delegates to which any person, qualified to vote by this 
Constitution, shall be disqualified. And the representation in 



CONSTITUTION. 25 



Article 12. — Amendments. 



said Convention shall be based on population. Nor shall the 
right of suffrage ever be taken from any person qualified by this 
Constitution to vote. 

J. R. PARROTT, 
President of the Convention 
Attest : 

P. At. Sheibley, 

Secretary of the Convention 



Atlanta, Ga., March 12, 1868. 
I hereby certify that the foregoing is a correct copy of the 
Constitution, ordained by the Georgia Constitutional Conven- 
tion, and adopted, as a whole, by that body, on the eleventh day 
of March, 1868, 

P M. SHEIBLEY, 
Secretary of the Convention 



ORDINANCES. 27 



Election of Civil Officers. 



ORDINANCES. 



AN ORDINANCE TO PROVIDE FOR ELECTION OF 
CIVIL OFFICERS 

Whereas, All civil officers of the State are only provisional, Preamble, 
until this State is represented in Congress ; and 

Whereas, The interest of Georgia requires that all civil 
offices should be filled by loyal citizens, according to the pro- 
visions of the Constitution, being framed by this Convention, 
a' the earliest practicable moment, and for the purpose of avoid- 
ing any unnecessary loss of time, and useless expense to the 
State ; 

It is ordained, That an election be held, beginning on the Election April 
20th day of April. 1868, (at such places as may be designated 2otli on ratifi- 
by the Commanding General of this District,) for voting on Governor, 
ratification of the Constitution, for the election of Governor, ^^gSla- 
Members of the General Assembly, Representatives to the ture. Con- 
Congress of the United States, and all other officers to be givno&S^ 
elected, as provided in the Constitution, and said election shall 
be kept open, from day to day, at the discretion of the General 
Commanding ; and at said election on the ratification of the 
Constitution, and for Governor, Members of Congress, Members 
of the General Assembly, and all other civil officers, the qualifi- ?f Vo£! i0n 
cation for voters, shall be the same as prescribed by the act of Con- 
gress (known as the Sherman Bill,) for voters at the election 
on the ratification of the Constitution, and at all elections under 
the Provisional Government And, Major General Meade is^™ aryor * 
respectmlly requested to give the necessary orders to carry 
into effect the foregoing provisions, and cause due returns to be 
made, and certificates of election to issue, by proper officers. 

And be it further ordained, That the regulations established Re g ulations ° 
by Congress for voting upon the ratification of the Constitution, 
and for voting at elections under the Provisional Government, 
shall apply to the election of officers, as aforesaid ; and the 
persons so elected, or appointed, shall enter upon the duties of Officers elect 
the several offices, to which they have been respectively elected, theh-dutiS. 
when authorized so to do, by acts of Congrss; or by the order 
of the General Commanding; and shall continue in office till 



28 



ORDINANCES. 



Election of Municipal Officers- 



the regular succession, provided for, after the year 1868, and 
until successors are elected and qualified ; so that said officers 
shall, each of them, hold their offices, as though they were 
elected on the Tuesday after the first Monday in November, 
1868; or elected, or appointed, by the General Assembly next 
thereafter ; and, the rules for conducting and making returns 
thereof, shall be the same as shall be prescribed by the Com- 
manding General, for the elections and returns on the ratification 
of the Constitution. But this ordinance shall not apply to the 
Justices of the Peace, who shall be elected at such time as shall 
be provided for by the first General Assembly, until otherwise 
provided by law. Upon any voter being challenged he shall 
take the following oath : 
Oath of voter- "You do solemnly swear, (or affirm,) that you have been 
duly registered agreeably to the acts of Congress ; that you 
have not prevented, or attempted to prevent, any person from 
voting at this election ; that if the Constitution, upon which the 
vote is now being taken, is ratified, you will truly and faith- 
fully support it : So help you God " 
Adopted March 10, 18G8. 



Their term. 



Returns— how 
made. 



Justices of the 
Peace. 



AN ORDINANCE TO PROVIDE FOR CERTAIN 
MUNICIPAL ELECTIONS. 



Election to 
commence 
April 20th for 
all municipal 
officers. 



Military 
orders - 



Regulations- 



Term of Office- 
Oath of voter- 



The people of the State of Georgia, in Convention met, do 
ordain, That the election for Mayor, Aldermen, Councilmen 
and other officers, elected by the people in all cities and incor- 
ated towns, in this State, where the official term has expired, 
an-d the vacancies have not been filled, by appointment of the 
military athorities, shall commence on the 20th day of April, 
in the present year ; and the Major General commanding the 
Third Military District is respectfully requested to give the 
necessary orders to carry into effect the foregoing provisions, 
and cause due returns to be made, and certificates of election to 
issue, by the proper officers. 

And be it further ordained, That the regulations, established 
by Congress, for voting upon the ratification of the Constitution, 
and for voting at elections under the Provisional Government, 
shall apply to the election of officers as aforesaid ; and the per- 
sons so elected shall continue in office till the regular succession, 
provided for after the year 1868, and until successors are 
elected and qualified. Upon any voter being challenged he shall 
take the following oath : 

"You most solemnly swear (or affirm) that you have been 
duly registered, agreeably to the Acts of Congress ; that you 
have not prevented, or endeavored to prevent, any person from 
voting at this election : So help you God." 

Adopted March 10, 1868. 



ORDINANCES. 29 



Congressional Districts — Temporary Belief. 



AN ORDINANCE TO ESTABLISH CONGRESSIONAL 
DISTRICTS. 

The people of Georgia, in Convention assembled, do ordain, congressional 
That, conforming to the last apportionment of members of the Districts. 
House of Representatives of the United States Congress, there 
shall be, in the State of Georgia, Seven Congressional Districts, 
as follows, until changed by act of the General Assembly, viz : 

The First District shall include the Counties of Chatham, F i rst , 
Bryan, Liberty, Mcintosh, Wayne, Glynn, Camden, Charlton, 
Ware, Pierce, Appling, Tatnall, Bullock, Colquitt, Effingham, 
Scriven. Emanuel, Montgomery, Telfair, Coffee, Clinch, Echols, 
Lowndes, Berrian, Irwin, Laurens, Johnson, Brooks, and 
Thomas. 

The Second District shall include the Counties of Decatur, Second 
Early, Miller, Baker, Mitchell, Worth, Dooly, Wilcox, Pulaski, 
Chattahoochee, Macon, Marion, Sumter, Webster, Stewart, 
Quitman, Clay, Calhoun, Randolph, Terrell, Lee, and Dougherty. 

The Third District shall include the Counties of Muscogee, Third. 
Schley, Taylor, Talbot, Harris, Troup, Merriwether, Heard, 
Coweta, Fayette, Clayton, Carroll, Campbell, Houston, and 
Crawford. 

The Fourth District shall include the Counties of Upson, Fourth, 
Pike, Spaulding, Henry, Newton, Butts, Monroe, Bibb, Twiggs, 
Wilkinson, Baldwin, Jones, Jasper, and Putnam. 

The Fifth District shall include the Counties of Washington, Fifth. 
Jefferson, Burke, Richmond, Glasscock, Hancock, Warren, 
Columbia, Lincoln, Wilkes, Taliaferro, Greene, Morgan, Ogle- 
thorpe, and Elbert. 

The Sixth District shall include the Counties of Milton, Gwin- Sixtn - 
nett, Walton, Clarke, Jackson, Madison, Hart, Franklin, 
Banks, Hall, Forsyth, Pickens, Dawson, Lumpkin, White, Ha- 
bersham, Rabun, Towns, Union, Fannin, and Gilmer. 

The Seventh District shall include the Counties of DeKalb, seventh. 
Fulton, Cobb, Polk, Floyd, Bartow, Cherokee, Gordon, Chat- 
tooga, Walker, Whitfield, Murray, Catoosa, Dade, Haralson, 
and Paulding. 

Adopted March G, 1868. 



AN ORDINANCE TO GRANT TEMPORARY RELIEF 
TO THE PEOPLE OF GEORGIA. 

Whereas, The question of affording some relief to the peo- preamble, 
pie of Georgia from the burden of indebtedness which is now 
oppressing them, is likely to be acted upon by this Convention 
at some future day; and, 

Whereas, Large amounts of property are now levied on and 
about to be sacrificed at sheriff's sale ; and, 



30 ORDINANCES. 



Temporary Relief— Convention Tax. 



Whereas, The debtors, in such cases, should be entitled to 
the benefits which may be conferred on other debtors by the 
future action of this Convention; therefore, 
All levies sus- Be it ordained by the people af Georgia, in Convention as- 
ponded. sembled, and it is hereby ordained by authority of the same, 

That from and after the passage of this ordinance, all levies 
which have been or may be made, under execution issued from 
any Court of this State, shall be suspended until this Conven- 
tion shall have taken, or shall have refused to take, final action 
upon the matter of relief; and that all sales under execution 
in violation of this ordinance shall be null, void, and of no 
effect, 

Adopted 12th December, 1861. 



AN ORDINANCE 

To levy and collect a tax to pay the Delegates and Officers con - 
nected with this Convention, as well as other incidental ex- 
penses. 

A e a )-r f cent° f Be it ordained by the people of Georgia, in Convention as- 
sembled, That it shall be the duty of the Comptroller General 
of the State of Georgia to levy and collect a tax of one-sixteenth 
of one per cent , on all the taxable property of this State, as re- 
How assessed turue ^ "pon the digests for the year 1867, in addition to the 
and collected. State tax ; and the Comptroller General shall direct and require 
the Tax Collectors in the several Counties in this State to col- 
lect the tax so assessed, or so much thereof as will defray the 
expenses of this Convention, and pay the same into the Treas- 
ury of the State of Georgia on or before the 1st of November, 
1868. 
S4o,ooo e Be it further ordained, That the Treasurer of this State is 

hereby authorized and directed to advance to the disbursing 
officer of this Convention, out of the Treasury of this State, 
forty thousand dollars, to defray the expenses of this Conven- 
tion, and the pay and mileage of its members and officers, up to 
the 23d day of December, 186*7. 
Disbursing 61 ^ e ^ f ur ^ ier ordained, That N. L. Angier is hereby ap- 
Of fleer! ' pointed the disbursing officer of this Convention, and is author- 
ized to receive and receipt for the sum aforesaid from the 
Treasurer, and to pay out the same, on warrant of the Presi- 
dent of this Convention, on the report of the Auditing Commit- 
tee. The amount, so advanced by the Treasurer, shall be re- 
placed from the tax ordered by this Convention to be assessed 
and collected for the expenses, pay, and mileage of the mem- 
bers and officers thereof 
commission of Be if f urfher ordained, That the several Tax Collectors shall ' 



ORDINANCES. 31 



Convention Tax. 



receive the same per cent, for collecting the same as they are 
now allowed by law for collecting the State Tax. 
Adopted 20th December, 186*7. 



AN ORDINANCE 

To Provide the Means of Defraying the Expenses of this Con- 
vention, and the Compensation of Officers and Members. 

Section 1. Beit ordained by the people of Georgia, in Con- Repeal. 
mention assembled, That an ordinance of this Convention, passed 
on the 20th day of December, 1861, entitled " An Ordinance to 
levy and collect a tax to pay the delegates and officers connected 
with the Convention, as well as other incidental expenses," ex- 
cept the second section thereof, is hereby rescinded, and the fol- 
lowing is ordained in lieu thereof, to wit : 

That it shall be the duty of the Comptroller General of the 
State of Georgia to levy and assesss a tax of one-tenth of one 
per cent, on all taxable property of this State as returned upon 
the digests for the year 1867, for the purpose of defraying the 
expenses of this Convention and the compensation of officers 
and members thereof. 

And it shall be the duty of the Tax Collectors, in the several 
Counties of this State, to collect the tax so assessed, and to pay Tax— howcoi- 
the same to the Comptroller General, on or before the first day lected and re- 
of May, 1868. And it shall be the duty of the several Tax turned 
Collectors to issue executions against all persons subject to tax- 
ation under this ordinance whose tax is unpaid after twenty 
days' notice to pay it, for the amount of tax due by them, and 
fifty per centum thereon and all costs ; and of Sheriffs and Con- 
stables to levy and sell, under such executions, and to return 
the proceeds to the Tax Collectors, as soon as the same can be 
done under the provisions of existing laws. 

Sec 2. Be it further ordained, That any scrip which may scrip, 
be issued by the authority of this Convention, for the purpose 
aforesaid, shall be receivable by the Comptroller General from 
the Tax Collectors in payment of the tax aforesaid. 

Sec. 3. Be it further ordained, That the Tax Collectors shall Commission of 
receive the same per cent, for collecting the tax aforesaid, as 
they are now allowed by law for collecting the State tax. 

Sec. 4. Be it further ordained, That the Comptroller Gene- g™ 1 ^, 01161 " 
ral shall issue to the Tax Collectors all necessary orders for the 
collection and payment of the tax aforesaid, which orders shall 
be binding upon said Collectors. 

Sec. 5. Be it further ordained. That the moneys and scrip Treasury, 
received by the Comptroller General under this ordinance, be 
paid by him into the Treasury of this State, to be disposed of 
as this Convention shall hereafter direct. 

Adopted February 8, 1868. 



32 



RESOLUTIONS. 



Resolutions. 



RESOLUTIONS. 



No. 1. 
A RESOLUTION 



Notification to 
General Pope. 



Appointing a Committee of seven to notify General Pope of 
the Organization of the Convention, and to invite his 
attendance. ' 

Resolved, That a Committee of seven be appointed by the 
Chair to wait on General Pope, commanding the Third Military 
District, and inform him that, in obedience to General Order 
No. 89, this Convention is now assembled and organized, and 
to invite his presence in the Convention at his pleasure. 

Adopted December 10, 1867. 



Authentica- 
tion of ordi- 
nances, &c. 



No. 2. 



Resolved, That all Ordinances and Resolutions of this Con- 
vention shall be signed by the President and attested by the 
Secretary, which shall be sufficient authentication of the same. 

Adopted December 12, 1867. 



No. 3. 
PREAMBLE AND RESOLUTION 

For the Appointment of a Committee to Report upon the 
Powers of the Convention 

Preamble. Whereas, Doubts have been expressed whether this Con- 

vention is authorized io transact any other business than to 
frame a Constitution and Civil Government for the State of 
Georgia, and such Ordinances as are necessary for the proper 
performance of that duty ; and 

Whereas, The true powers of the Convention, on the mat- 
ter indicated, ought to be distinctly defined; therefore, 



RESOLUTIONS. 3S 



Powers of the Convention. — Reports ot Committees. 



Resolved, That the President appoint a Committee of ten, Committee. 
who shall consider and report upon the question as soon as 
practicable. 

Adopted December 16, 1867. 



No. 4. 



REPORT OF THE COMMITTEE RELATIVE TO THE 
POWERS OF THE CONVENTION. 

Resolved, That all ordinances, or other matter of a legisla- m!ft!i\ tive 
tive character, already introduced and pending, are hereby in- 
definitely postponed, and in future no ordinance, or other mat- 
ter of said character, not necessarily connected with the funda- Relief - 
mental law, shall be entertained by the Convention ; Provided, 
That the foregoing shall not apply to matter touching the gen- 
eral relief of the people of the State. 

Agreed to 17th December, 1867. 



No. 5. 

REPORT OF THE COMMITTEE ON PRIVILEGES AND 
ELECTIONS. 

Resolved, That the proclamation of General Pope is conclu- who are Dele- 
sive in all cases as to the votes, list of voters, election returns § ates - 
and persons elected. 

Agreed to 9th January, 1868. 



No. 6. 
REPORT OF THE COMMITEE ON FINANCE. 

Your Committee beg leave to report, that, pretermitting any Q °er Si ° n eit 
opinion as to the validity of the Constitution of 1865, or the 
acts of the General Assembly, that existed under, and by vir- 
tue of its authority, we beg leave to recommend the adoption 
of the following resolution: 

Resolved, That in the opinion of the Convention it is unwise stat edebt. 
and inexpedient to, directly or indirectly, interfere with the legis- 
lation of the General Assembly, authorizing the issue of bonds 
for the purpose of paying the indebtedness of the State. 

Agreed to January 14, 1868. 



M RESOLUTIONS'. 



Reports of Gomftiittees. — Per Diem of Delegates, —Convention Tax. 



No. 1. 

REPORT OF THE COMMITTEE ON RELIEF. 

Collection of The Committee on Relief, to whom were referred sundry 

Taxes— its sto- ,. *.».•'* «- * v *u 

pension, ordinances, relating to an extension 01 the time to tax-payers 

and tax collectors, haying had the subject under consideration, 
respectfully report : That, while they regret the circumstances 
which cause all public burdens to be severely felt by our peo- 
ple, they are obliged to recognize the necessity of supporting 
our civil government, and of promptly paying the interest of 
the public debt. They are assured that the people of Georgia 
are resolved to maintain the credit of the State, at every incon- 
Yenience to themselves. Under present laws, the Governor 
has a discretion, to suspend the collection of taxes, for a limited- 
time ; and the committee desire that this discretion be now 
exercised so as to accommodate the tax-payer, if it can be done 
without injury to public interest. They recommend the passing* 
of the following resolution: 
ftecommenda- Resolved, That the Convention request the Governor to 
nor. ° " exercise the power given him by existing laws, to suspend the 
collection of taxes, if in his judgment the same can be done 
without injuring the credit of the State, 
Agreed to December. 19, 186*7. 



No. 8, 

A RESOLUTION 

fixing the per diem and mileage of Delegates and Officers of 
this Convention. 

Per diem. Resolved, That the per diem and mileage of Delegates and 

Officers of this Convention be the same as paid to the Delegates 
and Officers of the last General Assembly of this State. 
Adopted December 19, 1861. 



A RESOLUTION 

Requesting Major General Meade to enforce an Ordinance of 
this Convention, entitled, "An Ordinance to provide the 
means of defraying the expenses of this Convention," &e. 

Military orders Resolved, That the General commanding the Third Military 
of Taxes, ° 5 District be requested to enforce an ordinance of this Conven- 



RESOLUTIONS. 35 



Convention Tax. — Imprisonment for Debt. 



tion, passed this day, entitled " An Ordinance to provide the 
means of defraying the expenses of this Convention, and the 
compensation of officers and members." 

Resolved, Tb&t copies of said Ordinance and of these Reso- copies. 
Jutions be transmitted by the President to Major General 
Meade, to the Provisional Governor and Comptroller General 
of this State. 

Adopted February 8, 1868, 



No, 10. 



A RESOLUTION PROVIDING FOR THE ISSUE OF 
WARRANTS IN LIEU OF SCRIP. 

Resolved, That the Auditing Committee foe, and is hereby, warrants and 
instructed to issue warrants in lieu of the scrip, in accordance ^p- 
with Section II, of " An Ordinance to provide the means of 
defraying the expenses of this Convention, and the compensa- 
tion of officers and members," adopted February 8, 1868; said 
warrants being duly countersigned by the Disbursing Agent of By whom 
this Convention, and by the Comptroller General of the si § ned - 
State. 

Adopted March B, 1868, 



No, 11. 

PREAMBLE AND RESOLUTIONS IN REGARD TO 
IMPRISONMENT FOR DEBT. 

Whereas, This Convention has determined that there shall Preamble, 
be no imprisonment for debt in this State; and, whereas, credi- 
tors are oppressive debtors, by the use of what is known as 
"Bail Process," and writ of ca. sa.-; therefore, 

Resolved, That in the opinion of this Convention said pro- 
ceedings are contrary to the wish of the people of this State, 

Resolved, That the General commanding this District is Military orders 
hereby requested to protect, by order, the people of this State prfsonment for 
from the evil above set forth, and that such order remain in ^ ebt » 
force, until such time as the people have expressed their will in 
regard to the Constitution 

Resolved, That a copy of this preamble and these resolutions 
be transmitted to the Commanding General by the President of 
this Convention. 

Adopted February 19, 1868. 



36 



RESOLUTIONS. 



Relief. — The State Government. 



No. 12. 

A RESOLUTION 

Requesting General Meade to enforce certain provisions- of the 
Constitution, which provide for the relief of the people. 

Military orders Resolved, That the Commanding General of the Third Mili- 

SO 6HIOFC6 1*6- 

lief measures, tary District be requested, by general order, to require the 
Courts and officers of the Provisional Government of the State 
of Georgia, until the State is fully restored to its regular rela- 
tions to the United States, and the State organization is in full 
operation, to enforce and carry out the provisions of this Con- 
stitution for the relief of the people, to wit : 

Section XVIII, of the Bill of Rights, abolishing imprison- 
ment for debt 

Section XVII, of Article V. in relation to the jurisdiction of 
the Courts. 

Article VII, in relation to homesteads and exemptions. 

And the Secretary of this Convention is instructed to fur- 
nish the Commanding General a certified copy of the said pro- 
visions of the Constitution, and this resolution 

Adopted March 11, 1868. 



No. IS 



PREAMBLE AND RESOLUTION. 



Preamble 



In reference to the Reorganization of the State Government, 
the Removal of Political Disabilities, and the Modification of 
the "Test Oath.*' 

Whereas, The Reconstruction Acts recognize the existence 

of a Government within the limits of Georgia, subject to the 

Military Commander of the District and a paramount authority 

of Congress, under which certain officials hold office ; and 

whereas, the time for which said officials were elected, as set 

forth in the laws allowed to operate in said limits, has expired, 

and said officials hold only by reason of a failure to provide their 

successors ; and whereas, a great many of said officials are 

hostile to, and are insidiously using their influence against, the 

restoration of Georgia to the Union, and by so doing are not 

only seriously retarding the work of Reconstruction, but also 

materially affecting the prosperity of the State; therefore, 

Resolved, That the Convention do hereby request the Legis- 

re- lative Department of the Government of the United States, to 

Snor!° f Gov " authorize this body to declare vacant the Chief Executive office 



Petition to 
Congress to 
authorize 



RESOLUTIONS. 37 



The State Government. — Political Disabilities. 



of the State, and to fill the same, as well as to provide for the 
removal, through the Chief Executive officer of the S:ate thus 
selected, of all persons who are hostile to Reconstruction, and 
the filling of such vacancies by said Executive. 

Resolved. That the Convention, in justice to the friends of To 1 .J eIi 1 ev ^. of 

-^ ' . i i r. • i t i Political dlSa- 

Reconstruetion under the Reconstruction Acts, do hereby re- bilities. 
quest the Department aforesaid, to relieve all such of existing 
disabilities, that they may be eligible to (ill the vacancies thus 
Seated. 

Resolved That the Convention do further request the modi- Uld t0 mo(m * v 
fication of the ;, Test Oath," so as to admit of all persons who the Test Oath. 
have aided or abetted the late war against the United States 
hoiding office therein, providing such persons heartily regret 
the past, and are earnestly attached to, and are determined to 
labor for, the reunion of the States on the basis of the Recon- 
struction Acts. 

Resolved, That a copy of the foregoing Preamble and Reso- 
lutions be forwarded by the President of the Convention to the 
President of the United States, the President of the Senate, 
and the Speaker of the House of Representatives. 



Adopted January 21. 1868. 



No. 14. 

A RESOLUTION 

Appointing a Committee to Petition for the Relief of certain 
Persons in this State from Political Disabilities. 

Resolved, That the Hon. C. H. Hopkins, of Chatham, in the Members of i 
First Congressional District. Hon H. K, McCay. of Sumter, in Committee 
the Second Congressional District, Hon. G. W. Ashbnrn, of 
Muscogee, in the Third Congressional District, Hon T. J Speer, 
of Pike, in the Fourth Congressional District, Hon. B Conlev, 
of Richmond, in the Fifth Congressional District, Hon. Madi- 
son Bell, of Banks, in the Sixth Congressional District, and 
Hon. J. L. Dunning, of Fulton, in the Seventh Congressional 
District, are hereby constituted a committee of seven, to pre- Jame^of eer^ 
pare and submit to this Convention a list of names of such per- &&& persons 
sons, in the State of Georgia, as are now laboring under sKnaidSni 5 " 
any political disability, imposed by acts of Congress, who ency - 
have aided and assisted in carrying out the laws of Congress, 
for a reconstruction of the Government by restoration of this 
State to the Union, and who thereby, in the opinion of this 
Convention, are worthy of the clemency of Congress : and that 
on the adoption of said list, it be forwarded to the Speaker of 
the House of Representatives, and President of the Senate, with 
a recommendation that the said persons be restored to all the 
rights and privileges of citizens of the United State- 



38 



RESOLUTIONS, 



Tax on Cotton. — Petitions to Congress. 



Sub-Commit- 
tee. 



Resolved, That a Sub-Committee, consisting of the Chairman 
of each delegation to this Convention, be constituted a Sub- 
Committee, with a request that they furnish the original Com- 
mittee with names of such persons in their several Districts as 
may be worthy of the clemency asked for. 

Adopted, January 9, 1868. 



Preamble. 



Repeal of 
on cotton * 



tax 



No. 15. 

A PREAMBLE AND RESOLUTION RELATIVE TO 
THE TAX ON COTTON. 

Whereas, The successful culture of Cotton in Georgia is' es- 
sential to the prosperity of the people, and the full development 
of the material interest of the State; and whereas, the encour- 
agement given to its production abroad, during the war, has 
largely increased that production, which has, in connection with 
other causes, so reduced its value as to seriously endanger its 
continued cultivation as a leading staple by our people; therefore, 

Resolved, That tbis Convention do recommend the repeal of 
the cotton tax, and, if practicable, the application of the repeal 
to the present crop. 

Resolved, That this Convention consider its repeal as essen- 
tial to the continued successful cultivation of cotton as the great 
staple of the country, and as a measure of relief to both agri- 
cultural capital and labor. 

Resolved, That the Convention having confidence in the earnest 
desire of the Government of the United States to aid in restoring 
the prosperity of the people of Georgia, and the development of 
all her material interests, do hereby request the President of 
this Convention to forward a certified copy of these resolutions 
to the President of the LTnitecl States, to the President of the 
Senate, and to the Speaker of the House of Representatives, 
with a request that they be presented, at an early day, to both 
Houses of Congress. 

Adopted December 13, 1867. 



No. 16. 
A RESOLUTION 



Preamble. 



Asking the Proper Authorities of the United States to furnish 
to the People of North-East Georgia Mail Facilities. 

Whereas, The people of the North-Eastern portion of the 
State are almost entirely deprived of mail facilities, and espe- 
cially of any means of direct communication with Atlanta, one 
of the principal commercial cities of the State ; 



RESOLUTIONS. 39 



Petitions to Congress. 



son O. H. 



Resolved, That this Convention do recommend the re-estab- J^Gahies- 
Hshment of the tri-weekly mail route and line of hacks from viiiej^Ander- 
Gainesville to Anderson C. H., South Carolina, by way of 
Homer, Carnesville and Hartwell. 

Resolved, That the Secretary immediately forward to the 
proper authority a copy of the. above Resolution, with request 
that the route be immediately established. 

Adopted January 22, 1868. 



No. It. 
A RESOLUTION 

Asking Aid of Congress for the Air-Line Railroad. 

Whereas, The Air-Line Railroad from Atlanta, Georgia, to ^ ii :: L,ill f 
Charlotte, North Carolina, that is now proposed to be con- 
structed, being a link of the Great Southern Pacific Railroad 
between the Eastern States and the Pacific Coast ; therefore, 

Resolved, That this Convention do most earnestly request aid ngl6SS ° na 
the Congress of the United States to make a liberal appropri- 
ation for the building of such road. 

Resolved, That the President of this Convention be re- 
quested to forward copies of the foregoing Preamble and Reso- 
lution to the President of the Senate and the Speaker of the 
House of Representatives, with the request that they be laid 
before their bodies. 

Adopted February 29, 1868. 



No. 18. 

PREAMBLE AND RESOLUTION 

Asking a Loan of One Hundred Thousand Dollars from the 
United States Treasury, to the South Georgia and Florida 
Railroad. 

Whereas, The people of Southwestern Georgia are deprived Preamble. 
of direct Railroad communication with the Central and North- 
ern parts of the State ; 

and Whereas, Such communication will tend to unite the 
people of the State, and to open a convenient and ready access 
to the ports on the Gulf of Mexico, and in that view is an ob- 
ject of material interest ; 

And Whereas, The completion of the South Georgia and 
Florida Railroad would establish such communication, and this 



40 RESOLUTIONS. 



Petitions to Congress. 



work is delayed on account of the pecuniary distress of the 
country ; 

And Whereas, It would be eminently wise and liberal in the 
Government of the United States to aid the impoverished peo- 
ple of the South in restoring their material prosperity ; 

And Whereas, This Convention has information that the 
sum of one hundred thousand dollars, in addition to the re- 
sources now at hand, will suffice for the completion of said Rail- 
road, between Albany and Thomasville ; therefore, 
6100,000 from Be it Resolved, That the Congress of the United States be 
to South e Geo? res P ec tfully requested to authorize a loan from the Treasury of 
gia & Florida the United States, of the sum of one hundred thousand dollars, 
to the South Georgia and Florida Railroad Company, on such 
terms as will be reasonable to the Company and safe for the. 
Government, 

Resolved, That a copy of the foregoing preamble and resolu- 
tion be transmitted to the President of the Senate and Speaker 
of the House of Representatives of the United States, with a 
request that they be laid before their respective bodies. 
Adopted March 6, 1868. 



No 19. 

PREAMBLE AND RESOLUTION 

Asking in Behalf of Southern Planters a Loan of Thirty Millions 
of Dollars from toe United States Government. 

Preamble. ^ ne Constitutional Convention of the State of Georgia pre- 

sents to the Congress of the United States the following con- 
siderations : 

A loan by the United States Government to the impoverished 
planters of the South, of a reasonable amount of United States 
Currency for agricultural purposes, properly guarded by mort- 
gages, and equitably distributed among the most needy, would 
be of incalculable advantage to the whole country. 

Such a loan would restore the productions of the South, and 
give a market for the goods of the Norlh and produce of the 
West. 

It would at once energize the South in an honorable attempt 
to compete with England — -our rival in cotton raising — and re- 
turn with interest a full payment for all her zeal in fostering our 
late troubles, in order that she might establish her selfish poli- 
cy of producing cotton in the East to the injury of our cotton 
.States, and thereby take commanding control of what has been 
the great source of our commercial prosperity as a people. 
Mortgages on real estate can be taken of twice the value of the 
money loaned. 

No man need borrow more than two-thirds of what he can 



RESOLUTIONS. 41 



Petitions to Congre; 



give good assurances will be the value of his coming crop. 

The people of the South need relief. Almost destroyed by 
the great conflict just over, Providence, so far, has not smiled 
upon the Southern planter. 

In 1866 there was a short crop, from drought and other 
causes. In 1867 planters planted, hoping to realize from twenty- 
five to thirty cents per pounds on cotton. By the decline in 
market, cotton planters have failed to realize the cost of produc- 
tion, and are, to an alarming extent, now comparatively helpless 
for the coming crop. In proportion as the cotton planter is un- 
able to plant for a large amount of cotton, will the freedmen 
necessarily suffer. The extent of suffering among the freedmen. 
unless Southern planters are fostered by the Government, will 
be appalling to the Christian heart. The "nation's wards" can- 
not be better cared for than by thus providing for them remu- 
nerative labor upon that staple, with the production of which 
they are familiar, and which yields to them the greatest reward 
for that service which they are best fitted, by raising, to perform. 

A liberal law by Congress, as indicated, would do much to 
stimulate National fraternity. 

In view of the foregoing, be it, therefore, 

Resolved, That the Congress of the United States be respect- 
fully petitioned to appropriate thirty millions of United States 
currency to be loaned, under proper regulations, to aid in 
developing the agricultuial interests of needy Southern plant- 
ers. 

Resolved, That copies of the foregoing preamble and resolu- $30,000,000 ask- 
tion be transmitted to the President cf the Senate and Speaker congress." 1 
of the House of Representatives of the United States, with the 
request that they be laid before those bodies, and that copies 
be also transmitted to the Presidents of the Constitutional Con- 
ventions in the Southern States; and that we invite the co- 
operation of such Conventions in this application to Congress. 



No. 20. 
A RESOLUTION 

Relative to the Suit in the Supreme Court of the United States 
by the State of Georgia. 

Whereas, Some unauthorized person has undertaken to in- G-ov. Jenkins, 
stitute proceedings in the Supreme Court of the United States, in 
the name of the State of Georgia vs. Generals Grant, Meade, 
and others; therefore, 

Resolved by this Convention, representing the people and 
sovereignty of Georgia, That no person has been empowered 
by the State of Georgia to commence or prosecute such suit: 

6 



42 



RESOLUTIONS. 



Personal and Complimentary. 



S°o^fiPwiii of anc ^ ^ at t ^ ie P eo P^ e °f Georgia, as plaintiffs, will not litigate said 
not litigate. suit, and demand that it be dismissed from said Court. 



The Seal of 

State. 



Re it further resolved, That a copy of this resolution be for- 
warded by the President to the Military Governor of this State, 
with request to have the seal of the State affixed thereto, and 
then forwarded to the Secretary of War. 

Adopted 14th February, 1868. 



No. 2: 



his Assistant- 



Resolved, That the unanimous thanks of this body are here- 
by tendered to Hon. P. M. Shiebley, Secretary, and A. E. Mar- 
shall, Assistant Secretary, of this Convention, for efficient ser- 
vices and their uniform courtesy, not only to the Convention, as 
such, but to the individual members composing it. 

Adopted March 11, 1868. 



No. 22. 



Journalizing 
Clerk. 



Resolved, That the thanks of this Convention are due, and 
are hereby tendered, Jackson T. Taylor, the able Journalizing 
Clerk of this Convention, for the very efficient manner in which 
he has discharged the laborious duties of his station 

Adopted March 11, 1868. 



No 23. 

President Resolved, That the thanks of this Convention are hereby 

tendered to the President, for the able and impartial manner in 
which he has discharged the arduous and difficult duties of his 
office. 

Adopted March 11, 18G8. 



No. 24. 
A RESOLUTION 



Appointing a Committee to recommend to the consideration of 
Congress Certain Measures of this Convention 

Foster Biod- Resolved, That the Hons. Foster Blodgett and J R. Par- 

fett ana J . k. 7 . /-* • , • • 

■arrott. rott be, and thev are herebv, constituted a Committee to visit 



ORDINANCES. 43 



Ordinances of I860. 



Washington and present the list of names recommended for 
relief from disabilities, as well as to commend to the favorable 
consideration of Congress our measures of relief; and the sum 
of $300 for each be appropriated to defray their expenses. 
Adopted March 11, 1868. 



AN ORDINANCE TO CONFIRM AND RE ADOPT CER- 
TAIN ORDINANCES. 

(Accidentally omitted in compilation of Ordinances.! 

Be it ordained by the people of Georgia, in Convention as- 
sembled, That the following Ordinances, adopted by the Con- 
vention of 1865, are hereby expressly, and in their terms, con- 
firmed and readopted, to wit : 

<( An Ordinance to repeal certain Ordinances and Resolutions 
therein mentioned, heretofore passed by the people of Geor- 
gia in Convention: 

We, the people of the State of Georgia, at our Seat of Gov- ordinance of 
■eminent, do declare and ordain, That an Ordinance, adopted by uSon re- 1VinS 
the same people in Convention on the nineteenth day of Janu- pealed, 
ary, A. D. eighteen hundred and sixty- one, entitled, 'An Ordi- 
nance to dissolve the uuion between the State of Georgia and 
other States, united with her under a compact of government — ■ 
the Constitution of the United States.'" Also, an Ordinance, 
adopted by the same on the sixteenth day of March, in the year 
last aforesaid, entitled, "An Ordinance to adopt and ratify the ifying a confed- 

Constitution of the Confederate States of America ; " and, also, erate Constitir 
„ „ .. . -„ , ,. , -1,-11 won repealed, 

all Ordinances and Resolutions 01 the same; adopted between 

the sixteenth day of January and the twenty-fourth day of 
March, in the year aforesaid, subversive of, or antagonistic to, 
the civil and military authority of the Government of the Uni- 
ted States of America, under the Constitution thereof, be, and 
the same are hereby, repealed." 

An Ordinance to declare null and void all laws of the State of 
Georgia, by which money has been raised for the purpose of 
carrying on, and sustaining, the late war against the United 
States, and all notes, bonds, and contracts founded on the 
same. 

"Be it ordained by the people of Georgia, in Convention Confederate 
assembled, That all laws that have hitherto passed for the pur- 
pose of raising money to sustain and carry on the late war against 
the United States, are null and void, and that no Legislature, 
hereinafter to be assembled, shall levy any tax, or make any ap- 
propriation directly, or indirectly, to pay any note, bill, 
bond, or contract founded on the same " 



44 ORDINANCES, 



Convention to Re-assemble. 



But this specal adoption of the Ordinances herein quoted, 
shall not be construed to affirm any other of a purely legisla- 
tive character, passed by said Convention, but such acts shall 
have force as laws in accordance with the provisions of the sev- 
eral confirming acts, adopted by this Convention and this 
Constitution. 

Adopted March 11, 1868. 



AN ORDINANCE 

To provide for the Reassembling of this Convention if 

Necessary. 

Be it ordained, That, should it be necessary for this Conven- 
tion, after its adjournment, to reassemble to complete the recon- 
struction of the State, it shall do so at the call of the President 
of the same ; and in default of the President, then of the 
President pro tempore, Hon. James L. Dunning,, and in de- 
fault of both, then by the General Commanding the Third Mili- 
tary District. And should no such call be made in twelve 
months from this date, then this Convention shall stand ad- 
journed sine die. 

Adopted March 11, 1&6S. 



MILITARY ORDERS. 45 



Convention Tax. — Imprisonment for Debt, 



MIL IT AR;T ORDERS. 

Headquarters Third Military District,) 

' Department of Georgia, Florida, and Alabama.) V- 

Atlanta, Georgia, January 16, 1867. ) 
General Orders No. 11. 

I. Whereas, The Constitutional Convention of the State of Georgia, 
now in session in this city, adopted on the 12th day of December, 1868 T 
the following preamble and ordinance : 

[See page 29.] 

II. Therefore, by virtue of the plenary powers vested by the Recon- 
struction Acts of Congress in the Commanding General of the Third 
Military District, and for the temporary relief of the people of Georgia. 

It is Ordered, That said ordinance shall, from this date, be deemed to 
have taken effect in said State, and shall continue in full force and validity 
until said Convention shall have taken, or refuse to take, final action upon 
the matter of relief, or until further orders from these Headquarters : 
Provided^ That this order shall not apply to executions issued or to be 
issued on judgments in favor of laborers or mechanics for services ren- 
dered since July 21st, 1865, nor to executions for the collectisn of taxes. 

Bv order of Mai or General Mead. 

R. C. DRUM. 
Assistant Adjutant General. 



Headquarters Third Military District, ) 
[Department of Georgia. Florida, and Alabama.) 

Atlanta, Georgia, February 14. 1868, ) 
Gexer_-il Orders No. 21. 

I. Whereas, The Constitutional Convention of Georgia, now in session 
in Atlanta, on the 8th day of February. 1868, enacted the following ordi- 
nance : 

"See page 31 j 

II. Therefore, by virtue of the plenary powers vested by the acts of 
Congress in the Commanding General of the Third Military District. 

It is ordered. That all of said Ordinance, exeept what is contained in 
Section 2 and 5, is approved, and directed to be carried into execution ; 
and it is hereby enjoined on the Provisional Governor. Comptroller General, 
and Secretary of State. Tax Collectors, Sheriffs, and all others, to give due 
and prompt respect to the requirement of this order, and to the collection 
of the special tax provided for in the aforesaid Ordinance. 

II. In lieu of Sections 2 and 5, of the aforesaid Ordinance, the Provi- 
sional Governor of the State is herewith authorized to issue in advance of 
the collection of the special tax, scrip in such sums as may be deemed the 
most convenient, and not to exceed in amount fifty thousand dollars. 

III. The scrip herein authorized to be issued, shall be made receivable 



46 MILITARY ORDERS. 



Convention Tax. — Relief. — Convention Warrants. 



in payment of the special tax ; shall be paid out of the Treasury only for 
the pay and expenses of the Convention, and so much as shall not be re- 
ceived in payment of the special tax, shall be redeemed out of the proceeds 
of said special tax when collected. 
By order of Major General Meade. 

R. C. DRUM, 
Assistant Adjutant General. 



Headquarters Third Military District, ") 
[Department of Georgia, Florida, and Alabama,) 

Atlanta, Georgia, February 22, 1868. \ 
General Orders No. 27. 

I. The Constitutional Convention of the State of Georgia, now in session 
in the city of Atlanta, adopted on the 19th day of February, 1868, the 
following' preamble and resolutions : 

[See page 35.] 

II. Therefore, by virtue of the plenary powers vested by the Recon- 
struction Acts of Congress, in the Commanding General of the Third 
Military District, and for the purpose of giving effect to the wishes of the 
people of Georgia, as expressed by their delegates in Convention, 

It is ordered, That imprisonment for debt is prohibited in the State of 
Georgia, and hereafter no bail process in civil cases or writ of ca. sa. shall 
be issued out of any of the Courts of this State. 

III. Every person now in prison in this State under any such process 
or writ, willbe immediately discharged from prison. 

IY. This order to remain in force until the people of Georgia shall ex- 
press their will, in the manner provided by the Acts of Congress in regard 
to the Constitution to be submitted to them by the said Constitutional 
Convention, or until further orders from these Headquarters. 
By order of Major General Meade. 

R. C. RRUM, 
Assistant Adjutant General, 



Headquarters Third Military District,^ 
(Department of Georgia, Florida, and Alabama,) 

Atlanta, Georgia, March 9, 1868. ) 
General Orders No. 35. i 

To insure the collection of the special tax provided for in an Ordinance 
of the Constitutional Convention of the State of Georgia, passed on the 
8th day of February, 1868, within the time specified, it is herebjr required 
and directed that all owners of property, or their agents shall, between 
the 20th of April and the 1st of May, 1868, pay to the Tax Collector, at 
such points in the county in which the property is located as the Collector 
may designate, the tax duj on the property owned or represented by them. 
All property on which the aforesaid tax remains unpaid at the latter date, 
(May 1, 1868,) will be levied on by the Tax Collectors, in accordance with 
the provisions of the Ordinance. 



MILITARY ORDERS. 47 

Election on Ratification: 



Collectors of Taxes will, without delay, designate the points in their 
respective counties at which they will meet the tax-paj^ers, specifying the 
date at which they will be at each place. 
B3' order of Major General Meade. 

K. C. DRUM, 
Assistant Adjutant General. 



Headquarters Third Military District, ) 
(Department of Georgia, Florida and Alabama,) 

Atlanta, Georgia, March 12, 1868. ) 
General Orders No. 3?. 

Whereas, A duly certified copy of the following resolution and sections 
of the Constitution of the State of Georgia, as adopted by the Constitu- 
tional Convention of said State, at Atlanta, March 11, 1868. has this day 
been delivered to the Commanding General : 

[See Page 36.] 

II. Therefore, By virtue of the plenary powers vested by the Recon- 
struction Acts of Congress in the Commanding General of the Third Mili- 
tary District, and for the purpose of giving temporary effect to the wishes 
of the people of Georgia, as expressed by their delegates in Convention, 

It is ordered, That the foregoing sections of said Constitution, shall, 
from this date, be deemed to have taken effect, and to be in full force in 
the State of Georgia, and shall continue in full force and validity until fur- 
ther orders from these Headquarters. 

III. The Courts and Officers of the Provisional Government of said State, 
and all the municipal and other officers in the same, are hereby required to 
enforce and carry out the above provisions for the relief of the people of the 
State of Georgia. 

IV. General Orders No. 11, issued from these Headquarters, January 
16th, 1868, are hereby rescinded, as are also General Orders No. 21, issued 
February 1, 1868, so far as the same relate to said General Orders No. 11. 

By order of Major General Meade. 

R. C. DRUM, 
Assistant Adjutant General. 



Headquarters Third Military District,] 

(Department of Georgia, Florida and Alabama,) >• 

Atlanta, Georgia, March 13, 1868. ) 
General Orders No. 38. 

I. Whereas, The Constitutional Convention of the State of Georgia, on 
the 3d day of March, 1868, adopted the following resolution : 

[See page 35.] 

II. Therefore, it is ordered, that paragraphs 2 and 3, of General Orders 
No. 24, current series, authorizing the issue of scrip, and making the same 
receivable in payment of the special tax, is hereby rescinded and revoked. 

III. In conformity with the wishes of the Convention, the Provisional 
Comptroller General of the State is authorized and directed to countersign 
the warrants issued in accordance with the above resolution, and the Pro- 



48 MILITARY ORDERS. 



Election on Ratification. 



visional Governor and Treasurer are ordered to pay the same out of the 
proceeds of the special tax levied by the Convention, after the Treasury 
has been reimbursed of the advances made to the Convention, or of such 
portion of such advances as may, in the judgment of the Provisional Gov- 
ernor, be necessary to meet the immediate wants of the State ; and said 
warrants are not to be received by Tax Collectors, nor will they be re- 
ceived at the Treasury in lieu of money collected for taxes. 
Bv order of Major General Meade. 

R. C. DRUM, 
Assistant Adjutant General 



Headquarters Third Military District, ) 
{Department of Georgia, Florida and Alabama,) 

Atlanta, Georgia, March. 14, 1868. \ 
General Orders No. 39. 

I. Whereas, The Constitutional Convention of the State of Georgia, 
which assembled in Atlanta, in compliance with General Orders No. 89, 
issued from these Headquarters, November 19, 1867, did, in pursuance of 
the acts of Congress specified in said General Orders, proceeded to frame 
a Constitution and civil government for the State of Georgia, and provide 
for the publication of said Constitution ; and did further, by an ordinance 
of said Convention adopted March 11th, 1868, submit for ratification to the 
persons in said State registered and to be registered as voters under the 
acts of Congress aforesaid, at an election to begin on the 20th day of April, 
1868, and to be kept open, from day to day, at the discretion of the General 
Commanding, at such places as may be designated by him. 

II. And Whereas, By an act of Congress which became a law March 
12th, 1868, it is provided that, hereafter, any election, authorized by the 
acts of Congress aforesaid, shall be decided by a majority of the votes 
actually cast; and at the election, in which the question of the adoption or 
rejection of any Constitution is submitted, any person duly registered in 
the State may vote in the election district where he offers to vote when he 
has resided therein for ten da} 7 s next preceding such election upon presen- 
tation of his certificate of registration, his affidavit or other satisfactory 
evidence of registration, under such regulations as the District Commander 
may prescribe. 

III. And whereas, Said acts of Congress provide that the election for 
ratification of said Constitution shall be conducted by the officers or per- 
sons appointed, or to be appointed, by the Commanding General, and at 
the date fixed by said Convention; 

IY. It is ordered, That an election be held in the State of Georgia, com- 
mencing on Monday, the 20th day of April, 1868, and continuing four days, 
at which the registered voters of said State may vote for or against the 
Constitution submitted to them by the ordinance aforesaid. Those voting 
in favor of the Constitution shall have written or printed on their ballots 
the words "For the Constitution," and those voting against the Constitu- 
tion shall have written or printed on their ballots the words " Against the 
Constitution." 

V. It shall be the duty of the Boards of Registration in Georgia, in ac- 
cordance with said acts, commencing fourteen days prior to the election 



MILITARY ORDERS. 49 

Election on Eatification. 



herein ordered, and giving reasonable public notice of the time and place 
thereof, to revise, for a period of five days, the registration lists, and upon 
being satisfied that any person not entitled thereto has been registered, to 
strike the name of such person from the list, and such person shall not be 
allowed to vote. And such Boards shall also, during the same period, add 
to such registry the names of all persons who, at that time, possess the 
qualifications required by said acts, who have not been already registered. 
In deciding who are to be stricken from or added to the Registration 
lists, the Boards will be guided by the acts of Congress relating to Recon- 
struction, and their attention is especially called to the Supplementary Act 
which became a law July 19, 1861. 

VI. Said election shall be held in each County in the State under the su- 
perintendence of the Boards of Registration, as provided by law, and polls 
will be opened, after due and sufficient notice, at as many points in each 
County, not exceeding three, as, in the opinion of said Boards, may be re- 
quired for the convenience of voters. And in any city, or other place, 
where there is a large number of voters, it is hereby made the duty of 
said Boards to open as many polls as may be necessary to enable the 
voters to cast their votes without unreasonable delay 

VII. Any person duly registered in the State as a voter may vote in 
any county in the State where he offers to vote, when he has resided 
therein for ten days next preceding the election. When he offers to vote 
in the county where he was registered, and his name appears on the list of 
registered voters, he shall not be subject to question or challenge, except 
for the purpose of identification, or as to residence. And any person so 
registered, who ma}" have removed from the county in which he was regis- 
tered, shall be permitted to vote in any county in the State to which he has 
removed, when he has resided therein for ten days next preceding the 
election, upon presentation of his certificate of registration, or upon making- 
affidavit before a member of the Board of Registration, or a judge or 
manager of the election, that he is registered as a voter, naming the 
comrivv in which he is so registered ; that he has resided in the county 
where he offers to vote for ten days next preceding the election, and that 
lie has not voted at this election. Blanks for such affidavits will be sup- 
plied by the Boards of Registration, and the name of the voter making 
oath must be endorsed on his ballot, and all such affidavits must be for- 
warded with the returns of the election. 

VIII. The polls shall be opened at each voting place, during the days of 
election, at 7 o'clock a. m., and close at 6 o'clock p. m., and shall be kept 
open, between those hours, without intermission or adjournment. 

IX. All public bar rooms, saloons, and other places for the sale of 
liquor at retail, at the several county seats, and at other polling places, 
shall be closed from 6 o'clock of the evening preceding the election, until 
6 o'clock of the morning after the last day of the election. Any person 
violating this order shall be subject to fine or imprisonment. Sheriffs and 
their Deputies and municipal officers will be held responsible for the strict 
enforcement of this prohibition by the arrest of all persons who may trans- 
gress the same. 

X. The Sheriff of each county is hereby required to be present at the 
county seat, and appoint deputies to be present at each polling place in his 
county, during the whole time that the polls are kept open, and until the 

' 7 



5U MILITARY ORDERS, 



Election of Civil Officers. 



election is completed, and is made responsible that no interference with the 
judges of election, or other interruption of good order shall occur. And any 
Sheriff', or Deputy Sheriff, or other civil officer failing to perform with 
energy and good faith the duty required of him by this order, will, upon 
report made by the judges of the election, be arrested and dealt with by 
military authority, and punished by fine or imprisonment. 

XI. The Commandinding Officer of the District of Georgia will issue, 
through the Superintendent of Registration for this State, such detailed 
instructions as may be necessary to the conduct of said election in con- 
formity with the Acts of Congress. 

XII. The returns required by law to be made of the results of said elec- 
tion to the Commanding General of this Military District will be rendered 
by the person appointed to superintend the same, through the Command- 
ing Officer of the District of Georgia, and in accordance with the detailed 
instructions already referred to. 

XIII. No person who is a candidate for office at said election, shall act as 
a registrar, judge, inspector, manager, clerk, or in any other official capacity 
connected with conducting the election. 

XIV. Violence, or threats of violence, or any oppressive or fraudulent 
means employed to prevent every person from, exercising the right of suf- 
frage is positively prohibited, and every person guilty of using the same, 
shall^ on conviction thereof before a military commission, be punished by 
fine or otherwise. 

XV. No contract or agreement with laborers, made for the purpose of 
controlling their votes, or of restraining them from voting, will be per- 
mitted to be enforced against them in this District. 

By order of Major General Meade. 

R, C. DRUM, 
Assistant Adjutant General. 



Headquarters Third Military District, ) 
(Department of Georgia, Florida, and Alabama.) y 

Atlanta, Georgia, March 15, 1868. ) 
General Orders No. 40. 

if. Whereas, The Constitutional Convention of the State of Georgia, 
recently in session in this city, did, on the 10th day of March, 1868, adopt 
the following Ordinance, to wit : 

[See page 23.1 

II. And whereas, By an act of Congress, which became a law March 
12, 1868, it is enacted that the Constitutional Convention of any of the 
States mentioned in the Reconstruction Acts may provide that, at the 
time of voting upon the ratification of the Constitution, the registered 
voters may vote also for members of the House of Representatives of the 
United States, and for all elective officers provided for by said Consti- 
tution. 

III. It is ordered, That at the same time and places, at which it is or- 
dered, by General Orders No. 39, dated March 14, 1868, that an election 
shall be held in the State of Georgia, upon the ratification of the Constitu- 
tion submitted by said Convention ; an election shall be held in said State 
for a Governor thereof, members of the General AssembI}'. Representatives 



MILITARY ORDERS. 51 



Election of Civil Officers. 



to the Congress of the United States, and all other officers to be elected, as 
provided for in said Constitution. 

IV. Said election shall be conducted by the same persons, in the same 
nianuer, and the returns thereof shall be made as is provided in said Gen- 
eral Orders for conducting and making returns of the election on the rati- 
fication of the Constitution. 

V. The regulations established by Congress for voting upon the ratifi- 
oation of the Constitution, and for voting at elections under the Provisional 
Government, shall apply to the election of the officers aforesaid, and all per- 
sons who, under the Acts of Congress, may be entitled to vote on said 
question of ratification, may vote at the election of said officers, and none 
others may vote at said election. 

VI. No certificate of registration, affidavit, oath or other evidence of 
qualification to vote, shall be required at this election, than such as may be 
required according to the provisions of General Orders No. 39, at the elec- 
tion on the ratification of the Constitution. 

By order of Major General Meade. 

R. C. DRUM, 
Assistant Adjutant General. 



MEMBERS OF THE CONVENTION, 



MEMBERS OF THE CONVENTION. 



53 



Name. 



County. 



Post office. 



Nativity. 



Jos. Adkins 


Warren 


A. T. Akerman 


Elbert 


Robert Alexander. 


Clay 


Isaac H. Anderson. 


Houston 


N. L. Angier 


Fulton 


G. W. Ashburn 


Muscogee . .. 


D. P. Baldwin 


Taliaferro . . . 


James C. Barton... 


Clarke 


Peter B.Bedford... 


Ware 


J R. Bell 


Oglethorpe .. 
Banks 


Madison Bell 


Moses II. Bentley. . 


Chataam 


John S. Bigby 


Cow eta 


Simon W. Beaird . . 


Richmond . . . 


Foster B J odgett — 


Richmond . . . 


Joseph E. Blount.. 


Stewart 


Alfred Bowden .... 


Monroe 


John C. Bowden . . . 


Campbell 


W.F. Bowers 


Hart 


Jas. R. Bracewell. . 


Gwinett 


Aaron A.Bradley. . 


Chatham 


Shadrick Brown .. . 


Henry 


John E. Bryant 


Richmond .. . 


John Bryson 


Towns 


J. M. Buchan 


Pulaski 


R.B.Bullock 


Richmond . .. 


George P. Burnett. 


Floyd 


John tl. Caldwell.. 


Troup 


A. J. Cameron 


Telfair 


T. G.Campbell 


Mcintosh 


W. C. Carson 


Thomas 


J. C Casey 


Marion 


J. W. T. Catching. . 


Greene 


Peter H. Chambers 


Merriwether 


Geo. W. Chatters . . 


Stewart 


Isaac W. Christian. 


Newton 


H. H. Christian 


Early 


Malcolm Claiborn. 


Burke 


Walter L. Clift 


Chatham 


Samuel A. Cobb — 


Houston 


E. S. Cobb 


Madison 


Henry G. Cole 

Benjamin Conley.. 


Cobb 


Richmond . . 


Martin Cooper 


Pike 


John T. Costin 


Talbot 


D. G. Cotting 


Wilkes 


Wm. T.Crane 


Towns 


S. W. Crawford 


Franklin 


Thomas Crayton . . . 


Stewart 


Robert Crumley . . . 


Warren 


J. L. Cutler 


Brooks 


Samuel E. Dailey. . 


Henry 


Charles D. Davis.. . 


Walton 


W. W. Dewes... 


Baker 


Jesse Dinkins 


Schley 


Benja'n Dunnegan. 
James L. Dunning 


Hall 


Fulton 



Warrenton 

Elberton 

Fort Gaines 

Fort Valley 

Atlanta 

Columbus 

Crawfordsville 

WatkinsvBle 

Waresboro 

Lexington 

Homer 

Savannah 

Newnan 

Augusta 

Augusta 

Lumpkin 

Forsyth 

Powaer Springs 

Bowersville 

Stone Mountain 

Savannah 

Bear Creek 

Augusta 

Mt. Eola 

Hawkinsville 

Augusta 

Rome 

La Grange 

Jacksonville 

Darien 

Boston 

Bueria Vista 

Greensboro 

White Sulphur Springs 

Florence 

Covington 

Blakeley 

Way nes'borough . . . 

Savannah 

Perry 

Athens 

Marietta 

Augusta 

Griffin 

Talbotton 

Washington 

Hiwassee 

Gainesville 

Lumpkin 

Warrenton 

Quitman 

McUonough 

Monroe 

Millford 

Ellaville 

Gainesville 

Atlanta 



Warren county. . 63 
New Hampshire. 24 
North Carolina. . '1 
Monroe county. . 34 
New 11 amp-hire, m 
North Carolina.. 50 
Ohio 3 



North Carolina. 

Virginia 

Georgia 

Georgia 

Georgia 

South Carolina . 

Georgia 

North Carolina. 

Georgia 

Georgia 

Georgia 

Georgia 

South Carolina. 

Georgia 

Maine 

North Corolina. 



New York 

Tennessee 

South Carolina. 

Georgia 

New Jersey 

Maryland 

Georgia 

Georgia 

Georgia 

south Carolina. 

Georgia 

Georgia 

South Carolina. 
Massachusetts. . 

Georgia 

Kentucky 

New York 

New Jersey 

Georgia 

Virginia 

South Carolina. 



South Carolina. 

Georgia 

Georgia 



Georgia 

Vermont 

Georgia 

Georgia 

South Carolina. 
Connecticut. ,. 



% 



Race. 



Negro 
Negro 



Negro 
Negro 



Negro 



N egro 



Negro 
Negro 



Negro 



Negro 

Negro 



N egro 



30 Negro 
36 Negro 



Negro 



54 



MEMBERS OF THE CONVENTION 



Name. 



Wm. P. Edwards . . 

C. A. Ellington 

S. E. Fields 

John H. Flynn 

William A. "Fort . . . 
Albert G. Foster... 
Thomas J. Foster.. 

Thomas Gibson 

Thomas Gilbert 

H. H. Glisson ...... 

Henry S. Glover ... 
W. L.Goodwin.... 

Samuel F. Gove... 
W. A. Golden ..... 

William Griffin .... 

William Guilford . . 

JohnE. Hall 

George Harlan 

Asa L. Harris 

John Harris 

W. 11. Harrison.... 

A. H. Harrison 

John Higden 

E.I. Higbee 

Charles Hooks 

A. W. Holcombe ... . 

C. H. Hopkins 

N. P. Hotchkiss.... 

8. T. Houston . . 

W.J.Howe 

J.R. Hudson 

It. IS. Hutchinson .. 

David Irwin 

J. A. Jackson 

Philip Joiner 

Van Jones 

W. F. Jordon 

J. M. Key 

John H. King 

L.J. Knight 

James Knox 

E. W.Lane 

W. C. Lee .......... 

George Linder 

J. G. Lott 

Robert Lumpkin.. 
J. A. Madden ...... 

Posey Maddox 

C. C. Martin 

Philip Martin 

E. B.Martin 

W. L. Marler 

J. Mathews 

J.G. Maul. ' 

H. K.McKav j 

WilkeyMcHan....,' 
Joseph McWhorter 

H. V. M.Miller I 

S. T. W. Minor j 

A. M. Moore j 

Rom ill us Moore. . . 

Milton Moore 

John Murphey 

John Neal — ' . 

W. H. Noble....... 

Daniel Palmer 

J. R. Parrott...... 

Lewis Pope ... . 

M. A. Potts........ 

B.F.Powell....... 

C.H. Prince 

W. H. D.Reynolds 

J. C. Rice 

C. C. Richardson . 
Lewis H. Roberts. 
Robert Robertson 



County. 



Post, office. 



Nativity, 



Taylor I Butler....... 

Gilmer .... . .| 

Murray j Springplace 

Fulton Atlanta 

Floyd i Rome ... 

Morgan Madison 

Paulding j Dallas 

Twiggs Gordon 

Chattah'cheej Columbus. . . 



Jasper 

Bartow 

Twiggs 

Liberty 

Twiggs...... 

Upson 

Sumter 

Heard 

Chatham 

Newton .... 

Hancock 

Carroll 

Decatur 

Talbot 

Wilkinson . . 

Milton 

Chatham .. . 

Walton 

Cherokee ... 

Pike 

Putnam .... 

Haralson 

Cobb 

Randolph... 
Dougherty. . 
Muscogee... 

Jasper 

Merriwethei 
Whitfield ... 

Berrien 

Columbia . . . 

Laurens 

Clayton j 

Laurens | 

Forsyth 

Macon 

Burke 

Houtson . 

Calhoun | 

Habersham. . 

Carroll 

Jackson 

Gwinnett ! 

Muscogee . . J 

Sumter j 

Pickens I 

Oglethorpe . .| 

Fulton ! 

Fayette 

Pierce ! 



Monticello ........ . 

Carters vi lie 

Gris wold vi lie 

Cho. Sta., G. R. R. 5. 

Gordon . . 

Thomaston 

Americus 

Franklin 

Savannah ....... ... 

Covington 

Sparta 

Villa Rica 

Bainbridge 

Talbotton 

Irwinto-o 

Alpharetta ! 

Savannah 

Monroe- ! 

Hickory Flat I 

Milner* ? j 

Eatonton I 

Buchanan j 

Marietta j 

Cuthbert I 

Albany i 

Columbus | 

Monticello j 

Luthervilic j 

Dalton 



b.2 

- D 
6 r- 



Race. 



Georgia 29 

Georgia 55 

South Carolina.. 35 
Pennsylvania. ..'20 

Georgia 50 

Georgia 49 

South 'Carolina. .133 

Georgia 148 

North Carolina.. |73 



Georgia i50 

Ohio |16 

Massachusetts. . .'30 

Georgia J54 

Georgia !43 

Georgia 25 



Georgia 53 

Vermont | 3 

Pennsylvania . . . 38 

Georgia [24 

North Carotin a.. 1 40 

Georgia 59 

Vermont .. . .'20 

Georgia 48 

South Carolina.. 17 

Georgia 53 

New York U8 

North Carolina.. |14 

Georgia j52 

Georgia J47 

Georgia ?42 



Yea 
Yea 



Negro 



Negro 



..I 3 
.17 



Virginia. . 
Virginia. . 

Georgia 36 

Georgia v 34 

Georgia ....49 

Georgia 31 



| Lombardy Scotland 



Jonesboro' 

Oconee 

Gumming 

Oglethorpe .... 
Waynesboro... 

Atlanta 

Cuthbert 

Walton's Ford 

Carrollton 

Jefferson 

Yellow River. . 

Columbus 

Americus 

Jasper 

Bairdstown 

Atlanta 

Favetteville . . . 



Columbia 

White 

Dougherty . . 
Glasscock.... 

Randolph 

Washington.. 
Bartow ...... 

Wilkes 

Monroe ...... 

Decatur 

Washington . 

Chatham. 

Bullock 

Baldwin 

Echols 

Troup 



Lombardy 

Leo 

Albany 

Warrenton . . . 
Cuthbert.... .. 

Sandersville.. 
Carters vi lie. ., 
Washington.. 
Forsyth ....... 

Bainbridge ... 

Augusta 

Savannah 

Augusta 

Augusta 

Statenville ... 
O'Neal's Mills 



40 



Georgia 

Georgia 

South Carolina. 

Virginia 

Maryland 

South Carolina. 
South Carolina. 

Georgia 

South Carolina.. J44 
North Carolina.. [38 

Georgia 34 

South Carol ina..J20 

Pennsylvania 27 

North Carolina.. 119 

Georgia 1 35 

South Carolina. . '45 



4* 
34 

a 

1 40 

! a* 

B2 



Negro 



Ne^ro 

Negro 
Negro 



Negro 



Georgia 1 50 



49 
40 
2 
24 

i 5 
41 
20 
46 
Georgia .......... 32 



Georgia 

South Carolina. 

Kentucky 

Georgia 

Alabama .... 

Georgia 

Tennessee. , .... 
Georgia ... 



Maine I 2 

Georgia 43 

New i"ork I V£ 

Maine I 3 

Georgia 30 

Scotland '34 |. 



Negro 



Negro 
Negro 



N egro 



Negro 



Nay 
Yea 
Yea 
Yea 
Yea 
Yea 



Yea 
Yea 



Yea 
Yea 
Yea 
Yea 
Yea 
Yea 
Yea 
Yea 
Yea 



Yea 
Yea 
Yea 



Yea 



MEMBERS OF THE CONVENTION. 



•) o 



Name. 



County. 



Post office. 



Nativity. 



W. H. Rozar.... . . . 

T.P. Saffold 

S. P.Saulter 

Isaac Seeley 

.fosiah Sherman . .. 
J. M. Shields ....... 

Wesley Shropshire 

B. D. Shumate 

Benjamin Sikes 

F. M. Smith 

W. C. Smith 

M. C. Smith . . 

F. T. Sneacl 

L. L. Stanford 

Simon Stanley 

James Stewart 

T. J. Speer 

Alexander SKme . . 
Henrv Strickland.. 

W. C. Supple 

L. iV. Trammel I 

J. W. Tray wick.... 

H. M. Turner 

James D. Waddell. 

George Wallace 

O. H. Walton 

F. O. Welch 

W. H. Whitehead.. 
Kobert Whitehead . 
John Whit alter .... 
R. II. Whitely...... 

G.G. Wilbur 

Samuel Williams.. 

J. A. Woodey 

F. Wooten 

Presley Yeates 

P.M. Sheiblev 

A. E.Marshall 

Wesley Pretty man , 



en 








- 




<i) 


CI. 






O 


o 

'->■■ 










fc 


"l 



Race. 



Spalding..... 

Morgan 

Pulaski 

Chatham I 

Colombia.. = J 

Walker | 

Chattooga . . .1 

DeKalb 

Dougherty .. 

Chalton 

Coweta ! 

Thomas.. . 

Macon 

Harris 

Wilcox 

Chatham . 

Pike 

Jefferson . 

Greene 

Baldwin . . 
Gordon — 
Pulaski ... 

Bibb 

Polk 

Baldwin .. 
Houston . . 
Dougherty . .1 
Butts......... j 

Burke ...! 

Terrell..... 
Decatur... . 

Bibb. 

Harris 

Lumpkin .. 

Monroe 

Catoosa 

Floyd 

Monroe 

Bartow 



Georgia.... 

Georgia 

Georgia 

New York 

Vermont 

Tennessee 

Georgia 

South Carolina.. 

Virginia 

Georgia 

Georgia 

Georgia ; 



Griffin 

Mad ison 

Hawkinsviile .... 

Savannah 

Augusta 

Rock Springs.. . .. 

Dirt Town. 

Lithonia 

Albany 

Tradersville 

Grantville .... 

Thomasville 

Oglethorpe 

Hamilton Georgia 

House Creek ! Maine 

Savannah North Carolina. 

Liberty Hill Georgia 

Louisville Georgia 

Greensboro' Georgia 

Milledgeville Ireland 

Calhoun Georgia 

Hawkinsviile Georgia 

Macon South Carolina. 

Cedartovvn South Carolina. 

Milledgeville Georgia 

Fort Valley ! Georgia 

Albany j Maine 

Indian Springs Virginia 

Green's Cut Georgia 

Dawson Georgia .......... 

Bainbridge ............ Ireland 

Macon ................. .......... ......... 

Hamilton . North Carolina. 

Dahl onega Georgia 

Forsyth Georgia 

Ringgold 

Rome Pennsylvania .. . 

Forsyth Georgia 

Atlanta Pennsylvania .. . 



28 
45 
28 

1V-4 

•li ' 

66 

50 

47 

53 

34 

46 



Negro 



Negro 
Negro 



Negro 
Negro 



Negro 
Negro 



Negro 



— .2 



Yea 
Yea 



Yea 
Yea 
Yea 
Yea 
Yea 
Yea 



Yea 
Yea 



Nay 
Yea 
Yea 
Yea 
Yea 
Yea 
Yea 
Nay 
Yea 
Yea 
Nay 
Yea 
Yea 
Yea 
Yea 
Yea 
Yea 
Yea 
Yea 
Yea 
Yea 



Sec'v . 
Ass't . 
Ch'p'n 



INDEX 



Page. 
Constitution Entire ..... . .... . ....................................... . "1 to 24 

Declaration of Rights 1 to 4 

Franchise and Elections. 4 to 5 

Legislative Department 5 to 11 

Executive Department. 11 to 13 

Judicial Department. ......... 13 to 20 

Education :% ................. 20 

Homestead 20 to 21 

Militia 21 

County Officers ; 21 

Seat of Government 21 to 22 

Laws of General Operation 22 to 24 

Amendments to the Constitution 24 to 2 > 

Ordinances „ 27 to 31 

Election of Civil Officers , 27 

Election of Municipal Officers :\ . . . . 28 

Congressional Districts ............... , 29 

Temporary Relief ............. 29 

Convention Tax ... 30 to 31 

Ordinances of 1865 \ . . 43 

Convention to Re-assemble 44 

Resolutions 32 

General Pope . . . | 32 

Authentication of Ordinances J§ 32 

Powers of the Convention 33 

State Debt 33 

Taxes — Suspended 34 

Per Diem 34 

Expenses of the Convention—How Defrayed v 35 

Warrants of the Convention 35 

Imprisonment for Debt 35 

Relief 36 

State Government — Its Re-organization 3fi 

Political Disabilities 37 

Cotton Tax 38 

Mail from Gainesville and Anderson C. H 39 

Air-Line Railroad 39 

South Georgia and Florida Railroad 39 

Loan of $30,000,000 , 41 

Georgia Case in Supreme Court. , 41 

Military Orders 45 to 51 



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